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118S267
A bill to designate the mountain at the Devils Tower National Monument, Wyoming, as Devils Tower, and for other purposes.
[ [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ] ]
<p>This bill declares that the mountain at the Devils Tower National Monument in Wyoming shall be known and designated as Devils Tower.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 267 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 267 To designate the mountain at the Devils Tower National Monument, Wyoming, as Devils Tower, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 2, 2023 Ms. Lummis (for herself and Mr. Barrasso) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To designate the mountain at the Devils Tower National Monument, Wyoming, as Devils Tower, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF DEVILS TOWER. (a) In General.--The mountain at the Devils Tower National Monument, Wyoming, located at 4435'26"N, by 10442'55"W, and the area located at 4435'21"N, by 10441'48"W, shall be known and designated as ``Devils Tower''. (b) References.--Any reference in any law, map, regulation, order, document, paper, or other record of the United States to the mountain and area described in subsection (a) shall be deemed to be a reference to ``Devils Tower''. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources", "Land use and conservation", "Monuments and memorials", "Parks, recreation areas, trails", "Wilderness and natural areas, wildlife refuges, wild rivers, habitats", "Wyoming" ]
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118S268
Child Care Workforce and Facilities Act of 2023
[ [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "sponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ] ]
<p><b>Child Care Workforce and Facilities Act of 2023</b><br> <br> This bill requires the Department of Health and Human Services to provide states and tribal entities with grants to increase access to licensed child care services.<br> <br> The grants may be used to develop and expand the child care workforce or child care facilities in locations with insufficient available child care. Specifically, grants cover 50% of the cost of programs to support the education and training of caregivers or projects to build, expand, or renovate child care facilities in these areas.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 268 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 268 To assist States in carrying out projects to expand the child care workforce and child care facilities in the States, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 2, 2023 Ms. Klobuchar (for herself, Mr. Sullivan, Mr. King, Ms. Sinema, Mrs. Shaheen, Mr. Heinrich, Mr. Whitehouse, Ms. Duckworth, Mrs. Feinstein, Mrs. Gillibrand, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To assist States in carrying out projects to expand the child care workforce and child care facilities in the States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Workforce and Facilities Act of 2023''. SEC. 2. CHILD CARE WORKFORCE AND FACILITIES GRANTS. (a) Definitions.--In this Act: (1) Child care and development block grant act of 1990 definitions.--The terms ``eligible child care provider'', ``Indian Tribe'', ``Tribal organization'', and ``State'' have the meanings given the terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n). (2) Child care desert.--The term ``child care desert'' means-- (A) an area-- (i) within a census tract; and (ii) in which the number of children who are under age 5 (as determined using the most recent American Community Survey 1-year Estimates, as published by the Bureau of the Census) is more than 3 times the number of slots provided by child care providers who are licensed or registered by the State involved; or (B) a community that the State or Tribal entity involved determines has a low supply of quality, affordable child care. (3) Family child care provider.--The term ``family child care provider'' means such a provider that is described in paragraph (6)(A) of section 658P of the Child Care and Development Block Grant Act of 1990. (4) Licensed family child care home.--The term ``licensed family child care home'' means a facility of a family child care provider. (5) Portable credential; stackable credential.--The terms ``portable'' and ``stackable'', used with respect to a credential, have the meanings given the terms in the guidance document entitled ``Training and Employment Guidance Letter No. 15-10'', issued by the Assistant Secretary for Employment and Training of the Department of Labor on December 15, 2010. (6) Postsecondary educational institution.--The term ``postsecondary educational institution'' means an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). (7) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services, after consultation with the Secretary of Education and the Secretary of Labor. (8) Tribal area.--The term ``Tribal area'' means a reservation or other area that is served by a Tribal entity. (9) Tribal entity.--The term ``Tribal entity'' means an Indian Tribe or Tribal organization. (b) Grants to States and Tribal Entities.-- (1) Grants.-- (A) In general.--The Secretary shall make grants to States and Tribal entities on a competitive basis under subparagraph (B) to pay for the Federal share of the cost of carrying out projects described in this Act, in order to increase access to quality child care, by eligible child care providers, in the States and Tribal areas. (B) Types of grants.--In making those grants, the Secretary may make-- (i) a child care workforce grant for a State or Tribal project to develop and expand the workforce of eligible child care providers in child care deserts in the State or Tribal area; or (ii) a child care facility grant for a State or Tribal project through which a State or Tribal entity may use or disburse the grant funds, including by making loans, for the construction, expansion, or renovation of facilities of eligible child care providers, including licensed family child care homes of family child care providers (including combinations of such providers) who are eligible child care providers, in child care deserts in the State or Tribal area. (C) Period of grants.--The Secretary shall make a grant under this paragraph for a period of not more than 5 years. (2) Application.--To be eligible to receive a grant under this subsection, a State or Tribal entity shall submit an application to the Secretary for a project described in paragraph (1) at such time, in such manner, and containing a plan that contains such information related to the project as the Secretary may reasonably require, including-- (A) information identifying the lead State agency that will administer the grant as determined by the Governor of the State, including whether the lead agency will be different from the lead agency referred to in section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b), or corresponding information for a lead Tribal agency in the case of a Tribal area; (B) in the case of a child care workforce grant-- (i) information specifying how the project carried out under the grant will increase the number of individuals attaining stackable and portable credentials in child care or early childhood education; (ii) information describing how the State or Tribal agency will emphasize the provision of-- (I) outreach to individuals who do not have degrees from postsecondary educational institutions, regarding career pathways to careers in child care or early childhood education; and (II) outreach to individuals who seek a career working with children, but who have not completed the requirements for, or cannot afford to obtain, a degree from a postsecondary educational institution in education, child care, or early childhood education; (iii) information describing how the project will provide assistance, including assistance described in paragraph (3)(A), to individuals-- (I) who are pursuing or with such project assistance would pursue secondary education, postsecondary education, or training, that leads to a recognized postsecondary credential (as defined in section 3 of the Workforce Innovation Opportunity Act (29 U.S.C. 3102)), and that is eligible for support under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) or the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), to enable the individuals to successfully complete the education or training involved; or (II) who are pursuing or with such project assistance would pursue secondary education, postsecondary education, or training, that meets such requirements as the State or Tribal entity shall specify, even if the education or training does not lead to credit toward such a recognized postsecondary credential or a degree from a postsecondary educational institution; (iv) information describing how the project will-- (I) increase the availability of quality child care provided by eligible child care providers in child care deserts (referred to in this clause as ``target child care'') in the State or Tribal area; (II) address the affordability of target child care; and (III) address the provision of target child care during nontraditional hours; (v) information describing how the project will increase access to quality child care provided by eligible child care providers in centers or other child care facilities; (vi) information describing how the project will enhance retention or compensation of eligible child care providers; and (vii) a description of how the State agency or Tribal entity will-- (I) coordinate activities carried out under the child care workforce grant with activities carried out under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) to support education and training described in clause (iii)(I); (II) leverage funds provided under the Acts specified in subclause (I) to support that education and training; and (III) utilize, and encourage individual participants in projects supported under this subsection to utilize, available Federal and State financial assistance, including assistance available under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), education assistance benefits available to veterans, and Federal Pell Grants available under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a), prior to using assistance made available under this Act; and (C) in the case of a child care facility grant-- (i) information, with respect to the child care facility project involved, described in clause (v) of subparagraph (B); (ii) information on how the State or Tribal entity will use the grant funds to expand the supply of family child care providers (including combinations of such providers); and (iii) information describing how the project will-- (I) directly and indirectly, increase the availability of quality child care provided by eligible child care providers in child care deserts (referred to in this clause as ``target child care'') in the State or Tribal area, including through the construction, expansion, or renovation of child care facilities, including center-based child care facilities and licensed family child care homes; (II) address the affordability of target child care; and (III) address the provision of target child care during nontraditional hours. (3) Use of funds.-- (A) Child care workforce grants.--A State or Tribal entity that receives a child care workforce grant under paragraph (1)(B)(i) may use the funds made available through the grant to support programs that assist individuals in obtaining the education or training described in paragraph (2)(B)(iii)(I), or education or training described in paragraph (2)(B)(iii)(II), including using the funds to defray any of the following costs of related instruction: (i) Tuition and fees. (ii) Cost of textbooks, equipment, curriculum development, and other required educational materials. (iii) Cost of creating or expanding capacity for statewide, regional, or local child care resource and referral organizations, or similar entities, to conduct outreach, technical assistance, or State-recognized and credentialed training. (iv) Cost of any other item or service determined by the State or Tribal entity to be necessary. (B) Child care facility grants.--A State or Tribal entity that receives a child care facility grant under paragraph (1)(B)(ii) may use the funds made available through the grant to increase the availability of quality child care as described in paragraph (2)(C)(iii)(I) by constructing, expanding, or renovating child care facilities, including using the funds to defray any of the following costs: (i) Cost of equipment or materials. (ii) Cost of construction, expansion, or renovation. (iii) Cost of any other item or service determined by the State or Tribal entity to be necessary. (4) Administrative costs.--The State or Tribal entity that receives a grant under paragraph (1) may use not more than 10 percent of the grant funds for administrative costs relating to carrying out a project described in paragraph (1). (c) Federal Share.-- (1) In general.--The Federal share of the cost described in subsection (b)(1) shall be 50 percent. (2) Non-federal share.--The State or Tribal entity may make the non-Federal share available-- (A) in cash or in kind, fairly evaluated, including plant, equipment, or services; and (B) directly or through donations from public or private entities (other than recipients of assistance from a State or Tribal entity under this section). (d) Evaluation and Report.-- (1) Evaluation.--The Secretary shall conduct an evaluation of the activities carried out under the grants, which shall include an analysis of-- (A) with respect to the child care workforce grants-- (i) the characteristics of the individuals benefitting from the grants; (ii) the progress of such individuals in attaining stackable, portable credentials; and (iii) the progress the States and Tribal entities have achieved through the grants in enhancing retention and compensation of eligible child care providers; (B) with respect to the child care facilities grants, the number and location of facilities benefitting from the grants; and (C) the overall impact of the grants made under this section on the number and concentration of child care deserts across the Nation. (2) Report.--Not later than 2 years after the end of the grant period of the first child care workforce or child care facility grant the Secretary makes under subsection (b)(1), the Secretary shall submit a report to Congress that contains the findings of the evaluation. (e) Policy of the United States.--It is the policy of the United States that funds made available to a State or Tribal entity under this section should be used to supplement and not supplant other funds available under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) and the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and other Federal and State funds available to the State or Tribal entity to support programs to develop or expand the child care workforce or to construct, expand, or renovate child care facilities. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act a total of $100,000,000 for fiscal years 2024 through 2030. &lt;all&gt; </pre></body></html>
[ "Families", "Child care and development", "Congressional oversight", "Education programs funding", "Higher education", "Indian social and development programs", "Student aid and college costs", "Teaching, teachers, curricula", "Vocational and technical education" ]
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118S269
Protect America's Children from Toxic Pesticides Act
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 269 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 269 To amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Booker (for himself, Mrs. Gillibrand, Mr. Sanders, Ms. Warren, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to fully protect the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect America's Children from Toxic Pesticides Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the Environmental Protection Agency (referred to in this section as the ``EPA'') regularly fails to incorporate updated scientific understanding to protect human health and the environment from the harmful effects of pesticide products, as envisioned by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), resulting in the use of billions of pounds of pesticides every year that were approved based on outdated science; (2) the United States lags behind the European Union and other developed nations in protecting its people and its environment from toxic chemicals, allowing the use of 72 pesticides that have been banned or are being phased out in the European Union alone; (3) the EPA registers nearly 65 percent of pesticides through conditional registrations and frequently waives requirements to extend the use of conditional registrations prior to completion of comprehensive registration; (4) the EPA permits the continued sale of potentially dangerous stocks of pesticides after registration has been canceled, suspended, or otherwise voided; (5) the EPA uses emergency exemptions to keep pesticides on the market for years without undergoing a comprehensive registration process that would ensure the safe use of the pesticides; (6) the EPA is prohibited from requiring the disclosure of inert ingredients, even though inert ingredients can account for 99 percent of a pesticide product and include carcinogenic and toxic chemicals; (7) scientists have repeatedly linked exposure to organophosphate pesticides to neurodevelopmental damage in children; (8) the United States Fish and Wildlife Service and the National Marine Fisheries Service have determined that organophosphate pesticides jeopardize the survival of 97 percent of endangered species; (9) neonicotinoid pesticides are contributing to the rapid decline of pollinators and the deterioration of pollinator health, including impaired foraging behavior and increased susceptibility to viruses, diseases, and parasites; (10) exposure to paraquat-- (A) causes heart failure, kidney failure, liver failure, lung scarring, and damage to brain cells; and (B) greatly increases the risk of developing Parkinson's disease; (11) local communities have been blocked by States from enacting pesticide restrictions to protect people and environment from toxic chemicals; and (12) farmworkers are-- (A) disproportionately exposed to and harmed by pesticide use; and (B) afforded inadequate safeguards and far less protection than industrial workers. SEC. 3. ENDING INDEFINITE DELAYS ON REVIEW OF DANGEROUS PESTICIDES. (a) Definitions.-- (1) In general.--Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136) is amended-- (A) by striking subsection (z) and inserting the following: ``(z) Registration.--The term `registration' means the approval of an active ingredient or pesticide product under this Act-- ``(1) that has not previously been registered under this Act; or ``(2) for a crop or use for which the active ingredient or pesticide has not previously been registered under this Act.''; (B) by redesignating subsections (aa) through (oo) as subsections (bb) through (pp), respectively; and (C) by inserting after subsection (z) the following: ``(aa) Registration Review Determination.-- ``(1) In general.--The term `registration review determination' means the final decision to renew the registration of a pesticide product or active ingredient to authorize the use of the pesticide product or active ingredient-- ``(A) for an additional 15-year period from the date of the previous registration, reregistration, or registration review determination, as applicable; and ``(B) in compliance with all applicable laws and regulations. ``(2) Exclusion.--The term `registration review determination' does not include any interim determination regarding the continued use of a pesticide product or active ingredient by the Administrator.''. (2) Conforming amendments.-- (A) Section 2(e)(1) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(e)(1)) is amended by striking ``subsection (ee)'' and inserting ``subsection (ff)''. (B) Section 3(h)(3)(E) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)(3)(E)) is amended by striking ``section 2(mm)'' and inserting ``section 2(nn)''. (C) Section 33(b)(3) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-8(b)(3)) is amended-- (i) by striking ``Sec. 2(mm)'' each place it appears and inserting ``section 2(nn)''; and (ii) by striking ``Section 2(ll)(2)'' and inserting ``section 2(mm)(2)''. (b) Suspension of Dangerous Pesticides on Failure To Complete Registration Review on Time.--Section 4 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-1) is amended by adding at the end the following: ``(o) Suspension of Dangerous Pesticides on Failure To Complete Registration Review on Time.-- ``(1) Definition of dangerous pesticide.--In this subsection, the term `dangerous pesticide' means an active ingredient or pesticide product that may-- ``(A) be carcinogenic; ``(B) be acutely toxic; ``(C) be an endocrine disruptor; ``(D) cause harm to a pregnant woman or a fetus; or ``(E) cause neurological or developmental harm. ``(2) Petitions to designate dangerous pesticides.-- ``(A) In general.--An interested person may submit a petition under section 553(e) of title 5, United States Code, to designate an active ingredient or pesticide product as a dangerous pesticide under this subsection. ``(B) Review.--On receipt of a petition under subparagraph (A), the Administrator shall review the petitions submitted by interested persons under that subparagraph relating to that active ingredient or pesticide product to determine if the active ingredient or pesticide product may warrant designation as a dangerous pesticide. ``(3) Initial findings.-- ``(A) In general.--Not later than 90 days after the receipt of a petition described in paragraph (2)(A), the Administrator shall make a finding as to whether the petition presents substantial scientific information indicating that the designation of the petitioned active ingredient or pesticide product as a dangerous pesticide may be warranted. ``(B) Failure to review petition.--If the Administrator fails make a finding on a petition by the date required under subparagraph (A), the active ingredient or pesticide product that is the subject of the petition shall be deemed to be a dangerous pesticide. ``(C) Full consideration of all science.-- ``(i) In general.--In making a finding as to whether a petition provides substantial scientific information that an active ingredient or pesticide product may warrant designation as a dangerous pesticide under subparagraph (A), the Administrator shall fully consider all relevant evidence, including-- ``(I) epidemiological studies or data; ``(II) peer-reviewed literature; and ``(III) data generated by-- ``(aa) a Federal or State agency; or ``(bb) an agency of a foreign government. ``(ii) Requirement.--The Administrator shall not discount or ignore information provided in a petition described in paragraph (2)(A) based on any criteria under part 152 or 160 of title 40, Code of Federal Regulations (or successor regulations). ``(4) Suspensions of pesticide.-- ``(A) In general.--Notwithstanding any other provision of law, on a finding under paragraph (3)(A) that an active ingredient or pesticide product may warrant designation as a dangerous pesticide, or on operation of paragraph (3)(B), the Administrator shall immediately suspend the registration of the active ingredient or pesticide product if a valid reregistration eligibility decision or registration review determination has not been made regarding the active ingredient or pesticide product during the 15- year period ending on the date of that finding or operation. ``(B) Duration.--The registration of an active ingredient or pesticide product suspended under subparagraph (A) shall remain suspended until such time as the Administrator makes a registration review determination in accordance with this section. ``(5) Existing stocks.--In accordance with section 6(a)(1), the Administrator shall not permit the continued sale and use of existing stocks of an active ingredient or pesticide product the registration of which has been suspended under paragraph (4). ``(6) Cancellation.--Notwithstanding any other provision of law, including section 6(b), if the Administrator fails to suspend the registration of an active ingredient or pesticide product that may warrant designation as a dangerous pesticide as required by this subsection by not later than 60 days after any deadline described in this subsection-- ``(A) the registration of the active ingredient or pesticide product shall be immediately and permanently canceled by operation of law and without any further proceedings; and ``(B) in accordance with section 6(a)(1), the sale of existing stocks of the active ingredient or pesticide product shall be prohibited. ``(7) Inapplicability of ireds.--Notwithstanding any other provision of law, an interim registration review decision or any other interim determination with respect to an active ingredient or pesticide product shall have no force or effect regarding any requirement of this subsection.''. SEC. 4. EMERGENCY REVIEW OF PESTICIDES BANNED IN OTHER NATIONS. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) is amended by adding at the end the following: ``(i) Suspension and Expedited Review of Banned Pesticides.-- ``(1) Suspension of banned pesticides.--The Administrator shall immediately suspend the registration of any active ingredient or pesticide product that is-- ``(A) banned or otherwise prohibited from entering the market by the European Union, 1 or more countries in the European Union, or Canada; and ``(B) registered for use within the United States. ``(2) Expedited review.--The Administrator shall complete an expedited review of the justification and rationale for the ban of a pesticide by the European Union or a country described in paragraph (1)(A). ``(3) Cancellation.-- ``(A) In general.--Notwithstanding any other provision of law, including section 6(b), unless the Administrator determines after a review under paragraph (2) that the decision to ban a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous, the registration that is suspended shall be canceled not later than 2 years after the date of completion of the review. ``(B) Full consideration of all science.-- ``(i) In general.--In determining whether the ban of a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous under subparagraph (A), the Administrator shall fully consider all relevant evidence, including-- ``(I) epidemiological studies or data; ``(II) peer-reviewed literature; and ``(III) data generated by-- ``(aa) a State or Federal agency; or ``(bb) an agency of a foreign government. ``(ii) Treatment of information.-- Notwithstanding any requirements or criteria under parts 152 and 160 of title 40, Code of Federal Regulations (or successor regulations), the Administrator shall not discount, otherwise ignore, or give disproportionately more or less weight to evidence described in clause (i). ``(C) Consideration of economic cost prohibited.-- In determining whether the ban of a pesticide by the European Union or a country described in paragraph (1)(A) was clearly erroneous under subparagraph (A), the Administrator shall not consider any economic analysis of the benefits or costs of continuing to register the pesticide. ``(D) Public comment.--Prior to making a final determination under subparagraph (A), the Administrator shall provide a draft determination for not less than 90 days of public comment.''. SEC. 5. ENSURING ACCOUNTABILITY IN CONDITIONAL REGISTRATIONS. (a) In General.--Section 3(c)(7) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(7)) is amended by striking subparagraph (C) and inserting the following: ``(C) Time limits on conditional registrations.-- ``(i) In general.--Notwithstanding any other provision of this subsection or section 6(e), the Administrator shall provide not longer than 2 years for the terms and requirements of any conditional registration under this paragraph to be met by the registrant. ``(ii) Cancellation.--The Administrator shall cancel a conditional registration under this paragraph unless the registrant fully complies with all conditions by the earlier of-- ``(I) all deadlines established by the Administrator; and ``(II) 2 years after the effective date of the conditional registration. ``(iii) Existing conditional registrations.--Notwithstanding any other provision of law, as of the date of enactment of this clause, each outstanding conditional registration under this paragraph for which the registrant has not fulfilled all conditions of the conditional registration shall be canceled. ``(iv) Reports.-- ``(I) In general.--Not later than December 31 of each calendar year, the Administrator shall submit to Congress an annual report describing the total number of conditional registrations under this paragraph that were registered during the immediately preceding fiscal year. ``(II) Contents.--A report under subclause (I) shall include a description of-- ``(aa) each conditionally registered pesticide and the conditions imposed, including any modification of those conditions; and ``(bb) the quantity produced of each pesticide described in item (aa).''. (b) Conforming Amendment.--Section 6(e) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d(e)) is amended-- (1) in paragraph (1), by striking the last sentence and inserting ``The Administrator shall not permit the continued sale and use of existing stocks of a pesticide the conditional registration of which has been canceled.''; and (2) in paragraph (2), in the third sentence, by striking ``, and whether the Administrator's determination with respect to the disposition of existing stocks is consistent with this Act''. SEC. 6. PROHIBITION ON THE SALE OR USE OF EXISTING STOCKS OF SUSPENDED OR CANCELED PESTICIDES. Section 6(a) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d(a)) is amended by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following: ``(a) Prohibition on the Sale or Use of Existing Stocks; Information.-- ``(1) Existing stocks.--The Administrator shall not permit the continued sale or use of existing stocks of a pesticide the registration of which is-- ``(A) suspended or canceled under this section or section 3 or 4; or ``(B) vacated or set aside by judicial decree.''. SEC. 7. ENDING ABUSE OF EMERGENCY EXEMPTIONS. Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136p) is amended-- (1) in the first sentence, by striking ``The Administrator'' and inserting the following: ``(a) In General.--The Administrator''; (2) in subsection (a) (as so designated), in the second sentence, by striking ``The Administrator'' and inserting the following: ``(b) Consultation.--The Administrator''; and (3) by adding at the end the following: ``(c) Limitations on Emergency Exemptions.--Notwithstanding any other provision of law, the Administrator shall not grant an emergency exemption under subsection (a) for the same active ingredient or pesticide product in the same location for more than 2 years in any 10- year period. ``(d) Restrictions on Unregistered Pesticides.--The Administrator shall not grant an emergency exemption under subsection (a) to use an active ingredient or pesticide product that is not registered under section 3 for any use. ``(e) Restrictions on Conditional Pesticides.--The Administrator shall not grant an emergency exemption under subsection (a) for any active ingredient or pesticide product that is registered conditionally under section 3(c)(7)(A).''. SEC. 8. ADDING TRANSPARENCY FOR INERT INGREDIENTS. (a) Definition of Ingredient Statement.--Section 2(n) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136(n)) is amended-- (1) by redesignating paragraph (2) as paragraph (4); and (2) by striking paragraph (1) and inserting the following: ``(1) the name and percentage of each active ingredient in the pesticide product; ``(2) the name and percentage of each inert ingredient in the pesticide product; ``(3) if applicable, a statement that the pesticide product contains an inert ingredient determined by a State or Federal agency, or the Administrator based on epidemiological data or peer-reviewed literature, to be likely-- ``(A) to be carcinogenic; ``(B) to be an endocrine disruptor; ``(C) to be acutely toxic; ``(D) to cause harm to pregnant women or fetuses; or ``(E) to cause neurological or developmental harm; and''. (b) Complete List of Inert Ingredients.--Section 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(9)) is amended by adding at the end the following: ``(E) Complete list of inert ingredients.-- Notwithstanding any other provision of law, the label or labeling required under this Act shall provide a complete list of inert ingredients.''. (c) Conforming Amendment.--Section 10(d) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136h(d)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by adding ``or'' at the end; (B) in subparagraph (B), by striking ``or'' at the end; and (C) by striking subparagraph (C); and (2) in paragraph (3), by striking ``clause (A), (B), or (C)'' each place it appears and inserting ``subparagraph (A) or (B)''. SEC. 9. CANCELLATION OF REGISTRATION OF ORGANOPHOSPHATES. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 4) is amended by adding at the end the following: ``(j) Cancellation of Registration of Organophosphate Pesticides.-- ``(1) In general.-- ``(A) Cancellation.--Effective on the date of enactment of this subsection-- ``(i) all pesticides of the class organophosphate shall be deemed to generally cause unreasonable adverse effects to humans; and ``(ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of pesticides of the class organophosphate shall be immediately and permanently canceled by operation of law and without further proceedings. ``(B) Revocation of tolerances and exemptions.--Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of an organophosphate, or any pesticide chemical residue that results from organophosphate use, in or on food. ``(2) Sale of existing stocks prohibited.--In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of pesticides of the class organophosphate shall be prohibited. ``(3) No future organophosphate registrations.--Effective on the date of enactment of this subsection, the Administrator may not register any pesticide of the class organophosphate under section 4. ``(4) Ineligibility for emergency use.--Notwithstanding any other provision of law, a pesticide canceled under this subsection shall not be eligible for use under section 18.''. SEC. 10. CANCELLATION OF REGISTRATION OF NEONICOTINOIDS. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 9) is amended by adding at the end the following: ``(k) Cancellation of Registration of Neonicotinoid Pesticides.-- ``(1) In general.-- ``(A) Cancellation.--Effective on the date of enactment of this subsection-- ``(i) all active ingredients and pesticide products containing 1 or more of the active ingredients imidacloprid, clothianidin, thiamethoxam, dinotefuran, acetamiprid, sulfoxaflor, and flupyradifurone (referred to in this subsection as `neonicotinoid pesticides') shall be deemed to generally cause unreasonable adverse effects to the environment; and ``(ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of neonicotinoid pesticides shall be immediately and permanently canceled by operation of law and without further proceedings. ``(B) Revocation of tolerances and exemptions.--Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of a neonicotinoid pesticide, or any pesticide chemical residue that results from neonicotinoid pesticide use, in or on food. ``(2) Sale of existing stocks prohibited.--In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of neonicotinoid pesticides shall be prohibited. ``(3) No future neonicotinoid registrations.--Effective on the date of enactment of this subsection, the Administrator may not register any neonicotinoid pesticide under section 4. ``(4) Ineligibility for emergency use.--Notwithstanding any other provision of law, a pesticide canceled under this section shall not be eligible for use under section 18.''. SEC. 11. CANCELLATION OF REGISTRATION OF PARAQUAT. Section 6 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136d) (as amended by section 10) is amended by adding at the end the following: ``(l) Cancellation of Registration of Paraquat.-- ``(1) In general.-- ``(A) Cancellation.--Effective on the date of enactment of this subsection-- ``(i) paraquat shall be deemed to generally cause unreasonable adverse effects to humans; and ``(ii) notwithstanding any other provision of law, including section 6(b), the registration of all uses of paraquat shall be immediately and permanently canceled by operation of law and without further proceedings. ``(B) Revocation of tolerances and exemptions.--Not later than 6 months after the date of enactment of this subsection, the Administrator shall, in accordance with section 408(b)(1)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(b)(1)(B)), revoke any tolerance or exemption that allows the presence of paraquat, or any pesticide chemical residue that results from paraquat use, in or on food. ``(2) Sale of existing stocks prohibited.--In accordance with subsection (a)(1), effective on the date of enactment of this subsection, the continued sale or use of existing stocks of paraquat shall be prohibited. ``(3) No future paraquat registrations.--Effective on the date of enactment of this subsection, the Administrator may not register any paraquat pesticide under section 4. ``(4) Ineligibility for emergency use.--Notwithstanding any other provision of law, a pesticide canceled under this section shall not be eligible for use under section 18.''. SEC. 12. EMPOWERING COMMUNITIES TO PROTECT THEMSELVES FROM PESTICIDES. (a) In General.--Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is amended-- (1) in subsection (a)-- (A) by inserting ``, or any political subdivision of a State,'' after ``A State''; and (B) by inserting ``or political subdivision'' after ``the State''; (2) by striking subsection (b); and (3) by redesignating subsection (c) as subsection (b). (b) Conforming Amendment.--Section 3(c)(5) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(5)) is amended, in the fourth sentence of the undesignated matter following subparagraph (D), by striking ``24(c) of this Act'' and inserting ``24(b)''. SEC. 13. PROTECTING FARMWORKERS FROM DANGEROUS PESTICIDES. (a) Language Requirements for Pesticide Products.--Section 3(c)(9) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(c)(9)) (as amended by section 8(b)) is amended by adding at the end the following: ``(F) Language requirements for pesticide products.-- ``(i) In general.--The label for any pesticide product shall be printed in both English and Spanish. ``(ii) Other languages.--In a case in which information exists that a pesticide product is used in agriculture by more than 500 individual persons or applicators who speak the same language other than English or Spanish, the Administrator shall provide a translation of that label in the language used by those individuals on the website of the Environmental Protection Agency. ``(iii) Educational information.--The Administrator shall provide educational information to ensure that all users of a pesticide product are aware that information is available in alternate languages.''. (b) Farmworker Safety.--The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) is amended by adding at the end the following: ``SEC. 36. FARMWORKER SAFETY. ``(a) Definitions.--In this section: ``(1) Farmworker.--The term `farmworker' means an individual of any age that is employed in agriculture, including as a pesticide user or applicator, for any length of time, including migrant and seasonal employees, regardless of classification as a full-time, part-time, or contract employee. ``(2) Farmworker incident.--The term `farmworker incident' means exposure of a farmworker to an active ingredient, a pesticide product, a tank mixture of multiple pesticides, a metabolite, or a degradate that results in-- ``(A) an illness or injury-- ``(i) requiring medical attention or hospitalization of the farmworker; or ``(ii) that requires the farmworker to stop working temporarily or permanently; ``(B) a permanent disability or loss in function of the farmworker; or ``(C) death of the farmworker. ``(b) Mandatory Duty To Report.-- ``(1) In general.--Whenever a farmworker incident occurs, the employer of each affected farmworker shall report the incident to the Administrator. ``(2) Online system.-- ``(A) In general.--Not later than 60 days after the date of enactment of this section, the Administrator shall implement and deploy an online system to facilitate the reporting of farmworker incidents. ``(B) Requirements.--The online system under subparagraph (A) shall include, at a minimum, a description of, with respect to each farmworker incident-- ``(i) the time and location; ``(ii) the name of each active ingredient and pesticide product involved; ``(iii) whether such a pesticide was applied in accordance with the label instructions; ``(iv) the harm that resulted to any affected farmworker; ``(v) the nature of any medical care that was sought by any affected farmworker; and ``(vi) any other pertinent information. ``(C) Anonymous reporting.--The Administrator shall ensure that the online system under subparagraph (A) allows for anonymous reporting to protect farmworkers from retaliation. ``(c) Penalties for Failure To Report.-- ``(1) Civil penalties.--An employer described in subsection (b)(1) that fails to report a farmworker incident shall be fined $1,000 per day beginning on the 8th day after the farmworker incident occurs. ``(2) Criminal penalties.--An employer described in subsection (b)(1) that knowingly fails to report a farmworker incident, or that otherwise pressures or coerces a farmworker to not report a farmworker incident, shall be liable for a criminal penalty of up to $100,000, 6 months in prison, or both. ``(3) Rewards.--The Administrator shall implement a reward system that provides a monetary award of not less than $25,000 per person per farmworker incident that leads to the identification of 1 or more employers that have failed to report a farmworker incident. ``(4) Retaliation.-- ``(A) In general.--Any person that takes punitive action against a farmworker or a person that reports a farmworker incident shall be liable for a criminal penalty of not more than $100,000, 6 months in prison, or both. ``(B) Immigration status.--No Federal agency shall take any action regarding the immigration legal status within the United States of a farmworker, including initiating removal proceedings or any other prosecution of the farmworker, based solely on any information derived from the reporting or investigation of a farmworker incident. ``(d) Preventing Future Harm to Farmworkers.-- ``(1) In general.--Not later than 15 days after the receipt of a report of a farmworker incident, the Administrator shall transmit a report prepared by the Administrator of the farmworker incident to-- ``(A) the manufacturer of each involved pesticide product; and ``(B) the manufacturer of each involved active ingredient or ingredients. ``(2) Suspension.--Notwithstanding any other provision of law, if a farmworker incident results in the death of a farmworker, the pesticide product or active ingredient that caused the death shall be immediately suspended, pending the review required by this section. ``(3) Assessments.-- ``(A) Pesticide product manufacturer.--Not later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of the pesticide product shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the label of the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents. ``(B) Assessment by active ingredient manufacturer.--Not later than 60 days after the receipt of a report of a farmworker incident, the manufacturer of each involved pesticide active ingredient shall provide to the Administrator an assessment of the farmworker incident, including whether any changes to the pesticide product or active ingredient are warranted at the time of the assessment to avoid future farmworker incidents. ``(4) Determinations by administrator.-- ``(A) Draft determination.-- ``(i) In general.--Not later than the earlier of 90 days after the receipt of an assessment required by paragraph (3) and 180 days after the occurrence of the farmworker incident, the Administrator shall make a draft determination as to whether a change in the label of an involved pesticide product or active ingredient is warranted. ``(ii) Publication.--The Administrator shall publish a determination under clause (i) in the Federal Register for a period of 30 days for public notice and comment. ``(B) Final determination.--Not later than 30 days after the close of the public comment described in subparagraph (A)(ii), the Administrator shall-- ``(i) make a final determination as to whether the label of the pesticide product should be changed; and ``(ii) publish that final determination in the Federal Register. ``(5) Cancellations.-- ``(A) Failure to change label.--Notwithstanding any other provision of law, including section 6(b), if the manufacturer of a pesticide product or active ingredient does not change the label of the applicable product in accordance with a final determination of the Administrator under paragraph (4)(B), the pesticide product or active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings. ``(B) Cancellation for failure to comply.-- Notwithstanding any other provision of law, including section 6(b), if the manufacturer of the pesticide product or active ingredient fails to comply with any applicable provision of this section, the active ingredient and all pesticide products containing the active ingredient shall be immediately and permanently canceled by operation of law and without further proceedings. ``(e) Accounting for Farmworker Incidents During Registration Review.-- ``(1) In general.--Notwithstanding any other provision of law, if a pesticide product or active ingredient is responsible for not fewer than 10 farmworker incidents of any type, or not fewer than 3 farmworker incidents resulting in death, and the pesticide product or active ingredient has not received a final determination regarding a registration review during the preceding 15-year period, the Administrator shall immediately suspend the pesticide product or active ingredient until a final determination is made regarding the registration review of the pesticide. ``(2) Reports.--The Administrator shall-- ``(A) include in a final determination regarding the registration review of a pesticide the registration of which is suspended under paragraph (1) a full and complete report describing each farmworker incident that has occurred during the period covered by the report; and ``(B)(i) require label changes to prevent farmworker incidents from occurring in the future; or ``(ii) explain why no label changes under clause (i) are warranted.''. SEC. 14. AUTHORITY TO BRING CIVIL ACTION. Section 16 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136n) is amended by adding at the end the following: ``(e) Authority To Bring Civil Action.-- ``(1) In general.--Any person may bring a civil action against the Administrator where there is an alleged failure of the Administrator to comply with any provision of this Act. ``(2) Jurisdiction.--The district courts of the United States shall have exclusive jurisdiction over a civil action brought pursuant to paragraph (1).''. SEC. 15. EMPLOYEE PROTECTION. The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) (as amended by section 13(b)) is amended by adding at the end the following: ``SEC. 37. EMPLOYEE PROTECTION. ``(a) Prohibition.--No employer may discharge any employee or otherwise discriminate against any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)-- ``(1) has commenced, has caused to be commenced, or is about to commence or cause to be commenced a proceeding under this Act; ``(2) has testified or is about to testify in any proceeding described in paragraph (1); or ``(3) has assisted or participated or is about to assist or participate in any manner in-- ``(A) any proceeding described in paragraph (1); or ``(B) any other action to carry out the purposes of this Act. ``(b) Remedy.-- ``(1) Filing of complaint.--Any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of subsection (a) may, not later than 30 days after the date on which the alleged violation occurs, file (or have any person file on behalf of the employee) a complaint with the Secretary of Labor (referred to in this section as the `Secretary') alleging that discharge or discrimination. ``(2) Notification.--On receipt of a complaint filed under paragraph (1), the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(3) Investigations.-- ``(A) In general.--On receipt of a complaint filed under paragraph (1), the Secretary shall conduct an investigation of the violation alleged in the complaint. ``(B) Results.--Not later than 30 days after the date on which the Secretary receives a complaint filed under paragraph (1), the Secretary shall-- ``(i) complete the investigation under subparagraph (A); and ``(ii) notify in writing the complainant (and any person acting on behalf of the complainant) and the person alleged to have committed the applicable violation of the results of that investigation. ``(4) Orders.-- ``(A) In general.--Not later than 90 days after the date on which the Secretary receives a complaint filed under paragraph (1), unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the person alleged to have committed the applicable violation, the Secretary shall issue an order-- ``(i) providing the relief described in paragraph (5); or ``(ii) denying the complaint. ``(B) Notice and opportunity for hearing.--An order of the Secretary under subparagraph (A) shall be made on the record after notice and opportunity for agency hearing. ``(C) Settlements.--The Secretary may not enter into a settlement terminating a proceeding on a complaint filed under paragraph (1) without the participation and consent of the complainant. ``(5) Relief.--If, in response to a complaint filed under paragraph (1), the Secretary determines that a violation of subsection (a) has occurred, the Secretary shall issue an order-- ``(A) requiring the person who committed the violation-- ``(i) to take affirmative action to abate the violation; and ``(ii) if the complainant was discharged by the person committing the violation, to reinstate the complainant to the complainant's former position, with the compensation (including back pay), terms, conditions, and privileges of the complainant's employment; and ``(B) assessing against the person who committed the violation-- ``(i) compensatory damages; ``(ii) if appropriate, exemplary damages; and ``(iii) at the request of the complainant, a sum equal to the aggregate amount of all costs and expenses (including attorney's fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint. ``(c) Judicial Review.-- ``(1) In general.--Any employee or employer adversely affected or aggrieved by an order issued under subsection (b) may obtain review of the order in the court of appeals of the United States for the judicial circuit in which the violation with respect to which the order is issued allegedly occurred. ``(2) Petition.--A petition for review under paragraph (1) shall be filed not later than 60 days after the date on which the applicable order is issued under subsection (b). ``(3) Applicable law.--Judicial review under paragraph (1) shall be in accordance with chapter 7 of title 5, United States Code. ``(4) Exclusive review.--An order of the Secretary with respect to which judicial review may be or may have been obtained under paragraph (1) shall not be subject to judicial review in-- ``(A) a criminal proceeding; or ``(B) a civil proceeding under any other provision of law. ``(d) Enforcement.-- ``(1) In general.--If a person fails to comply with an order issued under subsection (b), the Secretary shall bring a civil action in the district court of the United States for the judicial district in which the violation is determined to occur to enforce that order. ``(2) Jurisdiction.--In a civil action brought under paragraph (1), a district court of the United States shall have jurisdiction to grant all appropriate relief, including injunctive relief, compensatory damages, and exemplary damages. ``(e) Exclusion.--Subsection (a) shall not apply with respect to any employee who, acting without direction from the employee's employer (or any agent of the employer), deliberately causes a violation of any requirement of this Act.''. &lt;all&gt; </pre></body></html>
[ "Environmental Protection" ]
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118S27
Focus on the Mission Act of 2023
[ [ "H001061", "Sen. Hoeven, John [R-ND]", "sponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "T000250", "Sen. Thune, John [R-SD]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "J000293", "Sen. Johnson, Ron [R-WI]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ], [ "R000615", "Sen. Romney, Mitt [R-UT]", "cosponsor" ], [ "V000137", "Sen. Vance, J. D. [R-OH]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ] ]
<p><b>Focus on the Mission Act of 2023</b></p> <p>This bill prohibits the Department of Defense from requiring the recipient of a federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 27 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 27 To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Hoeven (for himself, Mr. Risch, Mrs. Hyde-Smith, Ms. Ernst, Mr. Marshall, Mr. Cruz, Mr. Cramer, Mr. Tillis, Ms. Lummis, Mrs. Fischer, Mr. Crapo, Mr. Lankford, Mr. Lee, Mr. Scott of Florida, Mr. Rubio, Mrs. Blackburn, and Mr. Cassidy) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To prohibit the Department of Defense from requiring contractors to provide information relating to greenhouse gas emissions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Focus on the Mission Act of 2023''. SEC. 2. PROHIBITION ON REQUIRING DEFENSE CONTRACTORS TO PROVIDE INFORMATION RELATING TO GREENHOUSE GAS EMISSIONS. (a) Definitions.--In this Act: (1) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) nitrogen trifluoride; (E) hydrofluorocarbons; (F) perfluorcarbons; or (G) sulfur hexafluoride. (2) Greenhouse gas inventory.--The term ``greenhouse gas inventory'' means a quantified list of an entity's annual greenhouse gas emissions. (3) Scope 1 emissions.--The term ``Scope 1 emissions'' means direct greenhouse gas emissions from sources that are owned or controlled by the reporting entity. (4) Scope 2 emissions.--The term ``Scope 2 emissions'' means indirect greenhouse gas emissions associated with the generation of electricity, heating and cooling, or steam, when these are purchased or acquired for the reporting entity's own consumption but occur at sources owned or controlled by another entity. (5) Scope 3 emissions.--The term ``Scope 3 emissions'' means greenhouse gas emissions, other than those that are Scope 2 emissions, that are a consequence of the operations of the reporting entity but occur at sources other than those owned or controlled by the entity. (b) Prohibition on Disclosure Requirements.--The Secretary of Defense may not require the recipient of a Federal contract to provide a greenhouse gas inventory or to provide any other report on greenhouse gas emissions, including Scope 1 emissions, Scope 2 emissions, or Scope 3 emissions. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Air quality", "Business records", "Climate change and greenhouse gases", "Military procurement, research, weapons development", "Public contracts and procurement" ]
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118S270
Protecting America’s Meatpacking Workers Act of 2023
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ] ]
<p><strong>Protecting America's Meatpacking Workers Act of 2023</strong></p> <p>This bill addresses workplace conditions and safety with a particular focus on meat and poultry processing establishments and makes other changes to agricultural programs and activities.</p> <p>Generally, the bill provides funding through FY2029 for hiring additional Occupational Safety and Health Administration (OSHA) inspectors and related activities. It also restricts an employer's use of certain attendance policies under which a worker is assessed points for absences with progressive discipline imposed as points accumulate.</p> <p>Additionally, the bill expands protections for workers who exercise their rights under occupational safety and health laws and regulations. This includes specific protections and procedures for workers of meat and poultry processing establishments.</p> <p>The bill expands workplace safety and health requirements that apply to meat and poultry processing establishments, including by prohibiting waivers (subject to limited exceptions) related to line speeds and inspections. Additionally, OSHA must issue standards for these establishments that address, for example, ergonomic program management and preventing occupational exposure to COVID-19. OSHA must also (1) establish, within seven days, a process for establishments to report COVID-19 information; and (2) publish certain regulations regarding a workers' representative accompanying an OSHA inspector during inspections of an establishment.</p> <p>The bill provides funding through FY2032 for, and imposes additional conditions on recipients of, grants to improve meat and poultry processing facilities. Further, the bill increases funding for a program that supports regional and local food systems. It also requires country-of-origin labeling of beef, pork, and dairy products.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 270 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 270 To improve protections for meatpacking workers, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Booker (for himself, Mrs. Gillibrand, Mr. Blumenthal, Mr. Sanders, Ms. Warren, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To improve protections for meatpacking workers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Protecting America's Meatpacking Workers Act of 2023''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I--REFORMS TO PROTECT MEAT AND POULTRY PROCESSING WORKERS Subtitle A--Department of Agriculture Sec. 101. Rule on increased line speeds at meat and poultry establishments. Subtitle B--Fair Attendance Policies Sec. 111. Definitions. Sec. 112. Requirements for employers relating to no fault attendance policies or attendance systems. Sec. 113. Enforcement authority. Sec. 114. Regulations. Sec. 115. Relationship to other laws. Sec. 116. Waiver of State immunity. Sec. 117. Severability. Subtitle C--Occupational Safety and Health Administration Reforms Sec. 121. Definitions. Sec. 122. Ensuring compliance with employee rights to use toilet facilities at covered establishments. Sec. 123. Occupational safety and health standards to protect employees in covered establishments. Sec. 124. Permanent regional emphasis inspection program; expanding inspections. Sec. 125. Representatives during physical inspections. Sec. 126. Enhanced protections from retaliation. Sec. 127. Regulations to restore a column on required records of work- related musculoskeletal disorders. Sec. 128. Funding for additional OSHA inspectors. Sec. 129. OSHA reporting. Sec. 130. Private right of action. Sec. 131. Injunction proceedings. Subtitle D--Savings Provision Sec. 136. Savings provision. TITLE II--FARM SYSTEM REFORMS Sec. 201. Expanded meat and poultry processing grants. Sec. 202. Local Agriculture Market Program. Sec. 203. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products. Sec. 204. Definitions in Packers and Stockyards Act, 1921. Sec. 205. Unlawful practices. Sec. 206. Spot market purchases of livestock by packers. Sec. 207. Investigation of live poultry dealers. Sec. 208. Award of attorney fees. Sec. 209. Technical amendments. TITLE III--GAO REPORTS Sec. 301. Review and report on fragility and national security in the food system. Sec. 302. Review and report on racial and ethnic disparities in meat and poultry processing. Sec. 303. GAO report on line speeds. SEC. 2. FINDINGS. Congress finds that-- (1) meat and poultry slaughter and processing is a particularly dangerous occupation, with meat and poultry processing workers suffering injuries at measurably higher rates than workers in other private sector industries; (2) meat and poultry processing workers face double the rate of amputations as the average worker in private industry, and injuries such as sprains, lacerations, and contusions are common among poultry workers; (3) meat and poultry processing workers suffer from musculoskeletal injuries, such as carpal tunnel syndrome, ``trigger finger'', tendinitis, rotator cuff injuries, lower back injuries, and chronic pain and numbness, in numbers that can exceed 50 percent of workers; (4) higher line speeds in meat and poultry processing facilities is a recognized risk factor that leads to increased risk of both laceration and musculoskeletal injuries; (5) meat and poultry processing work was and continues to be particularly dangerous during the Coronavirus Disease 2019 (COVID-19) pandemic due to, among other factors-- (A) the easily transmissible nature of the virus via aerosol and droplet; (B) the close proximity of meat processing workers; (C) cold conditions inside meat processing facilities; and (D) the pace and physical rigor of meat and poultry processing work; (6) during the COVID-19 pandemic, covered establishments have implemented policies and procedures that have-- (A) increased workers' risk of exposure to SARS- CoV-2; (B) prioritized processing rates over worker health and welfare; and (C) caused a disparate adverse impact on Asian, Black, and Latino workers in the meat and poultry processing industry; (7) enforcement of requirements of the Occupational Safety and Health Administration in the meat and poultry processing industry has been fundamentally inadequate, especially during the COVID-19 pandemic; and (8) meat and poultry processing workers are subjected to exploitative conditions and abusive behavior by employers-- (A) including-- (i) use of abusive and humiliating shouting by supervisors accusing workers of not working fast enough and harassing them to work ``faster'' and ``harder''; (ii) use of sexualized language to harass women workers to work ``harder'' and ``faster''; (iii) patterns of direct sexual harassment and incidents of sexual assault; and (iv) little or no accountability or redress for emotional, sexualized, or psychological abuse due to-- (I) weak enforcement of, and noncompliance with, discrimination protections; and (II) meat and poultry processing workers not reporting the abuse due to fear of receiving more abuse, having their employment terminated, or being reported to immigration enforcement; and (B) that lead to long-term psychological impacts, including-- (i) increased feelings of anger and stress by workers pressured to work faster and more aggressively to slaughter animals on killing lines; and (ii) episodes of panic and fear by workers who were required to continue working during COVID-19 outbreaks. SEC. 3. DEFINITIONS. In this Act: (1) Covered establishment.--The term ``covered establishment'' means-- (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); and (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). (2) Covered period.--The term ``covered period'' means the period beginning on the date of enactment of this Act and ending on the date that is 90 days after the date on which the COVID-19 emergency is lifted. (3) COVID-19 emergency.--The term ``COVID-19 emergency'' means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID-19. (4) Employee; employer.--Unless otherwise specified, the terms ``employee'' and ``employer'' have the meanings given those terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652). TITLE I--REFORMS TO PROTECT MEAT AND POULTRY PROCESSING WORKERS Subtitle A--Department of Agriculture SEC. 101. RULE ON INCREASED LINE SPEEDS AT MEAT AND POULTRY ESTABLISHMENTS. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Service. (2) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Labor for Occupational Safety and Health. (3) Director.--The term ``Director'' means the Director of the National Institute for Occupational Safety and Health. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Service.--The term ``Service'' means the Food Safety Inspection Service. (b) Rule on Waivers.-- (1) In general.--Notwithstanding any other provision of law (including regulations, including sections 303.1(h) and 381.3(b) of title 9, Code of Federal Regulations (or successor regulations)), the Secretary, acting through the Administrator, shall not issue a waiver relating to line speeds at a covered establishment or inspection staffing requirements for a covered establishment unless the covered establishment-- (A) agrees to an inspection conducted by the Assistant Secretary or the Director for the purposes of the waiver; and (B) the Assistant Secretary or the Director certifies to the Secretary that any increases in line speed at the covered establishment would not have an adverse impact on worker safety. (2) Inspections.--An inspection conducted by the Assistant Secretary or the Director under paragraph (1)(A) shall include-- (A) an ergonomic analysis of all jobs in the applicable covered establishment that may experience an increased work pace due to increasing the number of animals being slaughtered-- (i) per minute; and (ii) per hour; (B) an assessment of the current rates of musculoskeletal disorders in the covered establishment; (C) a review of current efforts at the covered establishment to mitigate those disorders, including a review of how medical personnel at the covered establishment manage those disorders; and (D) a review of the impact of any proposed line speed increases on the pace of work for workers on the slaughter and production lines of the covered establishment (including the workers that package the meat). (3) Limitation on authority over line speeds.--None of the funds made available to the Secretary during the covered period may be used to develop, propose, finalize, issue, amend, or implement any policy, regulation, directive, constituent update, or any other agency program that would increase line speeds at covered establishments. (4) Effect on state law.-- (A) In general.--This subsection shall not preempt or limit any law or regulation of a State or a political subdivision of a State that-- (i) imposes requirements that are more protective of worker safety or animal welfare than the requirements of this subsection; or (ii) creates penalties for conduct regulated by this subsection. (B) Other laws.--The requirements of this subsection are in addition to, and not in lieu of, any other laws protecting worker safety and animal welfare. (c) Transparency in Rulemaking.--With respect to each rulemaking proceeding initiated by the Administrator on or after the date of enactment of this Act, the Administrator shall comply with-- (1) the data quality guidelines of the Service, which state that the Service and the offices of the Service are held to a standard of transparency to ensure that the information shared by the Service is presented in an accurate, reliable, and unbiased manner; and (2) Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review), which requires Federal agencies to provide timely online access to relevant scientific information in an open format that can easily be searched and downloaded during a proposed rulemaking. (d) Evaluation of Rulemaking and Policies.--In evaluating the impact of any future rulemaking or policy, the Secretary shall request that the Director conduct an evaluation of the rulemaking or policy that includes a review of-- (1) current safety conditions and injuries and illnesses at the applicable covered establishments, including medical exams and medical histories; (2) whether the policy proposals will increase the pace of work for any employee at the applicable covered establishments; and (3) whether, and the extent to which, the policy proposals will impact worker safety. (e) Reports.-- (1) Report to congress.--Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services shall each submit to the Committee on Agriculture, Nutrition, and Forestry and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Agriculture and the Committee on Education and Labor of the House of Representatives, a report that-- (A) describes the actions taken by that Secretary to ensure worker, animal, and food safety during the COVID-19 emergency; and (B) includes an analysis of the issues described in paragraphs (1) through (12) of section 303(b). (2) Reports on implementation of rules.-- (A) In general.--Not later than 1 year after the implementation of any rule relating to line speeds at covered establishments, the Secretary shall submit to Congress a report on the impact of the rule on-- (i) line speeds at covered establishments; (ii) worker safety and health at covered establishments; (iii) ergonomic aspects of jobs at covered establishments; and (iv) staffing levels that will ensure worker safety at covered establishments. (B) Requirement.--A report under subparagraph (A) shall include-- (i) the results of a study carried out by an industrial engineer on every type of job at covered establishments impacted by the applicable rule; (ii) a determination of the industrial engineer of the number of workers needed-- (I) to do each job safely; and (II) to operate the covered establishment at different line speeds; and (iii) a job crewing report prepared by the industrial engineer. Subtitle B--Fair Attendance Policies SEC. 111. DEFINITIONS. In this subtitle: (1) Employee.--The term ``employee'' means an individual who is-- (A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under subparagraph (E), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (2)(A); or (ii) an employee of the Government Accountability Office; (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e-16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (D) a covered employee, as defined in section 411(c) of title 3, United States Code; or (E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (without regard to the limitation in section 6381(1)(B) of that title). (2) Employer.-- (A) In general.--The term ``employer'' means a person who is-- (i)(I) a covered employer, as defined in subparagraph (B), who is not covered under any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer.-- (i) In general.--In subparagraph (A)(i)(I), the term ``covered employer''-- (I) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; (II) includes-- (aa) any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and (bb) any successor in interest of an employer; (III) includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(x)); and (IV) includes the Government Accountability Office and the Library of Congress. (ii) Public agency.--For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions.--For purposes of this subparagraph: (I) Commerce.--The terms ``commerce'' and ``industry or activity affecting commerce'' mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce, as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 (29 U.S.C. 142). (II) Employee.--The term ``employee'' has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)). (C) Predecessors.--Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (3) Legally protected leave.--The term ``legally protected leave'', when used with respect to an employee, means leave that is protected under a Federal, State, or local law applicable to the employee. (4) No fault attendance policy.--The term ``no fault attendance policy'' means a policy or pattern and practice maintained by an employer under which employees face consequences for any absence, tardy, or early departure through the assessment of points (also referred to as ``demerits'' or ``occurrences'') or deductions from an allotted bank of time, and those points or deductions subject the employee to progressive disciplinary action, which may include failure to receive a promotion, loss of pay, or termination. (5) Person.--The term ``person'' has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(a)). (6) Secretary.--The term ``Secretary'' means the Secretary of Labor, acting through the Administrator of the Wage and Hour Division. SEC. 112. REQUIREMENTS FOR EMPLOYERS RELATING TO NO FAULT ATTENDANCE POLICIES OR ATTENDANCE SYSTEMS. (a) Requirements for No Fault Attendance Policy.--It shall be considered an unlawful employment practice for an employer to maintain a no fault attendance policy, unless the employer complies with the following: (1) The no fault attendance policy shall be distributed in writing-- (A) not later than 90 days after the date of enactment of this Act, to all employees employed by the employer as of that date of distribution; and (B) with respect to each employee hired by the employer after such date of enactment, upon the commencement of the employee's employment. (2) If any changes are made to the no fault attendance policy, the no fault attendance policy shall be distributed in writing to all employees by not later than 30 days after the date of the changes. (3) The employer shall provide employees with a means of accessing the no fault attendance policy at any physical workplace and outside of a physical workplace. (4) The no fault attendance policy shall explicitly state that employees will not face disciplinary action or other adverse consequences, which may include the assessment of points or a deduction from an allotted bank of time, for legally protected leave. (5) The no fault attendance policy shall specifically reference and provide a reasonable amount of detail about all Federal, State, and local laws applicable to the employees that provide legally protected leave, including the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.), and chapter 43 of title 38, United States Code. (6) The no fault attendance policy shall identify a process for employees to complete each of the following: (A) Report that an absence is for legally protected leave. (B) Provide medical documentation, if it is required under the no fault attendance policy in order to avoid disciplinary action or other adverse consequences for legally protected leave. (C) Seek removal of points that an employee believes were wrongly assessed, or the restoration of time that an employee believes was wrongly deducted for legally protected leave. (D) Delay the reporting of an absence in unforeseen or emergency circumstances without incurring additional points or discipline. (b) Requirements for Attendance Systems.--It shall be an unlawful employment practice for an employer to maintain any attendance system policy, or pattern and practice, that discourages employees from exercising, or attempting to exercise, any right to legally protected leave. (c) Additional Prohibitions.-- (1) Interference with rights.-- (A) Exercise of rights.--It shall be an unlawful employment practice for any employer to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this subtitle, including-- (i) discharging or discriminating against (including retaliating against) any individual for exercising, or attempting to exercise, any right provided under this subtitle; or (ii) using the taking of legally protected leave as a negative factor in an employment action, such as hiring, promotion, reducing hours or number of shifts, or a disciplinary action. (B) Discrimination.--It shall be an unlawful employment practice for any employer to discharge or in any other manner discriminate against (including retaliating against) any individual for opposing any practice made unlawful by this subtitle. (2) Interference with proceedings or inquiries.--It shall be an unlawful employment practice for any person to discharge or in any other manner discriminate against (including retaliating against) any individual because such individual-- (A) has filed an action, or has instituted or caused to be instituted any proceeding, under or related to this subtitle; (B) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this subtitle; or (C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this subtitle. SEC. 113. ENFORCEMENT AUTHORITY. (a) In General.-- (1) Definition.--In this subsection-- (A) the term ``employee'' means an employee described in subparagraph (A) or (B) of section 111(1); (B) the term ``employer'' means an employer described in clauses (i)(I) and (ii) of section 111(2)(A) or clauses (i)(II) and (ii) of such section; and (C) the term ``other individual affected'' does not include an individual covered under subsection (b), (c), or (d). (2) Investigative authority.-- (A) In general.--To ensure compliance with the provisions of this subtitle, or any regulation or order issued under this subtitle, the Secretary shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)), with respect to employers, employees, and other individuals affected. (B) Subpoena authority.--For the purposes of any investigation provided for in this paragraph, the Secretary shall have the subpoena authority provided for under section 9 of the Fair Labor Standards Act of 1938 (29 U.S.C. 209). (3) Civil action by employees or other individuals affected.-- (A) Right of action.--An action to recover the damages or equitable relief prescribed in subparagraph (B) may be maintained against any employer in any Federal or State court of competent jurisdiction by one or more employees or other individuals affected or their representative for and on behalf of-- (i) the employees or individuals; or (ii) the employees or individuals and others similarly situated. (B) Liability.--Any employer who violates section 112 shall be liable to any employee or other individual affected-- (i) for damages equal to-- (I) the amount of-- (aa) any wages, salary, employment benefits, or other compensation denied or lost by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost, any actual monetary losses sustained as a direct result of the violation up to a sum equal to 56 hours of wages or salary for the employee or individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (C) Fees and costs.--The court in an action under this paragraph shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (4) Action by the secretary.-- (A) Administrative action.--The Secretary shall receive, investigate, and attempt to resolve complaints of violations of section 112 with respect to employers, employees, and other individuals affected in the same manner that the Secretary receives, investigates, and attempts to resolve complaints of violations of sections 6 and 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207). (B) Civil action.--The Secretary may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (3)(B)(i). (C) Sums recovered.--Any sums recovered by the Secretary pursuant to subparagraph (B) shall be held in a special deposit account and shall be paid, on order of the Secretary, directly to each employee or other individual affected. Any such sums not paid to an employee or other individual affected because of inability to do so within a period of 3 years shall be deposited into the Treasury of the United States as miscellaneous receipts. (5) Limitation.-- (A) In general.--Except as provided in subparagraph (B), an action may be brought under paragraph (3), (4), or (6) not later than 2 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Willful violation.--In the case of an action brought for a willful violation of section 112, such action may be brought not later than 3 years after of the last event constituting the alleged violation for which such action is brought. (C) Commencement.--In determining when an action is commenced under paragraph (3), (4), or (6) for the purposes of this paragraph, it shall be considered to be commenced on the date when the complaint is filed. (6) Action for injunction by secretary.--The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Secretary-- (A) to restrain violations of section 112, including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to employees or individuals eligible under this subtitle; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (7) Solicitor of labor.--The Solicitor of Labor may appear for and represent the Secretary on any litigation brought under paragraph (4) or (6). (8) Government accountability office and library of congress.--Notwithstanding any other provision of this subsection, in the case of the Government Accountability Office and the Library of Congress, the authority of the Secretary of Labor under this subsection shall be exercised respectively by the Comptroller General of the United States and the Librarian of Congress. (b) Employees Covered by Congressional Accountability Act of 1995.--The powers, remedies, and procedures provided in the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.) to the Board (as defined in section 101 of that Act (2 U.S.C. 1301)), or any person, alleging a violation of section 202(a)(1) of that Act (2 U.S.C. 1312(a)(1)) shall be the powers, remedies, and procedures this subtitle provides to that Board, or any person, alleging an unlawful employment practice in violation of this subtitle against an employee described in section 111(1)(C) or other individual affected by an employer described in clauses (i)(III) and (ii) of section 111(2)(A). (c) Employees Covered by Chapter 5 of Title 3, United States Code.--The powers, remedies, and procedures provided in chapter 5 of title 3, United States Code, to the President, the Merit Systems Protection Board, or any person, alleging a violation of section 412(a)(1) of that title, shall be the powers, remedies, and procedures this subtitle provides to the President, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against an employee described in section 111(1)(D) or other individual affected by an employer described in clauses (i)(IV) and (ii) of section 111(2)(A). (d) Employees Covered by Chapter 63 of Title 5, United States Code.--The powers, remedies, and procedures provided in title 5, United States Code, to an employing agency, provided in chapter 12 of that title to the Merit Systems Protection Board, or provided in that title to any person, alleging a violation of chapter 63 of that title, shall be the powers, remedies, and procedures this subtitle provides to that agency, that Board, or any person, respectively, alleging an unlawful employment practice in violation of this subtitle against an employee described in section 111(1)(E) or other individual affected by an employer described in clauses (i)(V) and (ii) of section 111(2)(A). SEC. 114. REGULATIONS. (a) In General.-- (1) Authority.--Except as provided in paragraph (2), not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Equal Employment Opportunity Commission and the heads of other relevant Federal agencies, shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in subparagraph (A) or (B) of section 111(1) and other individuals affected by employers described in clauses (i)(I) and (ii) of section 111(2)(A) or clauses (i)(II) and (ii) of such section. (2) Government accountability office; library of congress.--The Comptroller General of the United States and the Librarian of Congress shall prescribe the regulations with respect to employees of the Government Accountability Office and the Library of Congress, respectively, and other individuals affected by the Comptroller General of the United States and the Librarian of Congress, respectively. (b) Employees Covered by Congressional Accountability Act of 1995.-- (1) Authority.--Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Board of Directors of the Office of Compliance shall prescribe (in accordance with section 304 of the Congressional Accountability Act of 1995 (2 U.S.C. 1384)) such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(C) and other individuals affected by employers described in clauses (i)(III) and (ii) of section 111(2)(A). (2) Agency regulations.--The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the Board may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (c) Employees Covered by Chapter 5 of Title 3, United States Code.-- (1) Authority.--Not later than 90 days after the Secretary prescribes regulations under subsection (a), the President (or the designee of the President) shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(D) and other individuals affected by employers described in clauses (i)(IV) and (ii) of section 111(2)(A). (2) Agency regulations.--The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the President (or designee) may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (d) Employees Covered by Chapter 63 of Title 5, United States Code.-- (1) Authority.--Not later than 90 days after the Secretary prescribes regulations under subsection (a), the Director of the Office of Personnel Management shall prescribe such regulations as are necessary to carry out this subtitle with respect to employees described in section 111(1)(E) and other individuals affected by employers described in clauses (i)(V) and (ii) of section 111(2)(A). (2) Agency regulations.--The regulations prescribed under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary to carry out this subtitle except insofar as the Director may determine, for good cause shown and stated together with the regulations prescribed under paragraph (1), that a modification of such regulations would be more effective for the implementation of the rights and protections involved under this section. (e) Requirements for All Regulations.--All regulations prescribed under this section shall-- (1) be issued in an accessible format in accordance with subchapter II of chapter 5 of title 5, United States Code; and (2) provide an example of a model no fault attendance policy that conforms to the requirements of this subtitle. SEC. 115. RELATIONSHIP TO OTHER LAWS. Nothing in this subtitle shall be construed to invalidate or limit the powers, remedies, and procedures under any Federal law or law of any State or political subdivision of any State or jurisdiction that provide leave rights, whether paid or unpaid (such as sick time, family or medical leave, and time off as an accommodation). SEC. 116. WAIVER OF STATE IMMUNITY. A State shall not be immune under the 11th Amendment to the Constitution of the United States from an action in a Federal or State court of competent jurisdiction for a violation of this subtitle. In any action against a State for a violation of this subtitle, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. SEC. 117. SEVERABILITY. If any provision of this subtitle or the application of that provision to particular persons or circumstances is held invalid or found to be unconstitutional, the remainder of this subtitle and the application of that provision to other persons or circumstances shall not be affected. Subtitle C--Occupational Safety and Health Administration Reforms SEC. 121. DEFINITIONS. In this title, the terms ``Secretary'' and ``State'' have the meanings given such terms in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652). SEC. 122. ENSURING COMPLIANCE WITH EMPLOYEE RIGHTS TO USE TOILET FACILITIES AT COVERED ESTABLISHMENTS. (a) In General.--During any inspection of a covered establishment conducted pursuant to section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657), the Secretary shall verify that the employer of employees working at such establishment is in compliance with the occupational safety and health standard set forth in section 1910.141 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, for employers to provide prompt access for employees to visit and use toilet facilities, including such standard as interpreted by the memorandum for regional administrators and State designees regarding ``Interpretation of 29 CFR. 1910.141(c)(1): Toilet Facilities'' issued by the Occupational Safety and Health Administration on April 6, 1998. (b) Requirements.--In carrying out subsection (a), the Secretary shall verify that the employer described in such subsection-- (1) allows employees to leave their work locations to use a toilet facility when needed and without punishment; (2) provides an adequate number of toilet facilities for the size of the workforce to prevent long lines; (3) avoids imposing unreasonable restrictions including waiting lists on the use of toilet facilities; (4) ensures that restrictions, such as locking doors or requiring employees to sign out a key, do not cause extended delays in access to toilet facilities; and (5) compensates each employee for breaks for using toilet facilities at the regular rate of pay of the employee in accordance with section 785.18 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, and any other applicable Federal, State, or local law. SEC. 123. OCCUPATIONAL SAFETY AND HEALTH STANDARDS TO PROTECT EMPLOYEES IN COVERED ESTABLISHMENTS. (a) Standard for Protecting Employees From Occupational Risk Factors Causing Musculoskeletal Disorders.-- (1) Proposed standard.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in the Federal Register a proposed standard for ergonomic program management for covered establishments. Such proposed standard shall include requirements for-- (A) hazard identification and ergonomic job evaluations, including requirements for employee and authorized employee representative participation in such identification; (B) hazard control, which such requirements rely on the principles of the hierarchy of controls and which may include measures such as rest breaks, equipment and workstation redesign, work pace reductions, or job rotation to less forceful or repetitive jobs; (C) training for employees regarding employer activities, occupational risk factors, and training on controls and recognition of symptoms of musculoskeletal disorders; and (D) medical management that includes-- (i) encouraging early reporting of musculoskeletal disorder symptoms; (ii) first aid delivered by those operating under State licensing requirements; and (iii) systematic evaluation and early referral for medical attention. (2) Final standard.--Not later than 30 months after the date of enactment this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in the Federal Register a final standard based on the proposed standard under paragraph (1). (b) Standard for Protecting Employees From Delays in Medical Treatment Referrals Following Injuries or Illnesses.-- (1) Proposed standard.--Not later than 3 months after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in the Federal Register a proposed standard requiring that all employers with employees working at a covered establishment who, in accordance with the standard promulgated under section 1910.151 of title 29, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act, are required to have a person readily available at the establishment who is adequately trained to render first aid, shall ensure that such person-- (A) without delay, refers any such employee who reports an injury or illness that requires further medical treatment to an appropriate medical professional of the employee's choice for such treatment; (B) provides for occupational medicine consultation services through a physician who is board certified in occupational medicine, which services shall include-- (i) regular review of any health and safety program, medical management program, or ergonomics program of the employer; (ii) review of any work-related injury or illness of an employee; (iii) providing onsite health services for treatment of such injury or illness; and (iv) consultation referral to a local health care provider for treating such injury or illness; and (C) complies with the licensing requirements for licensed practical nurses or registered nurses in the State in which the establishment is located. (2) Final standard.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, pursuant to section 6 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655), publish in the Federal Register a final standard based on the proposed standard under paragraph (1). (c) Standard for Protecting Employees From Airborne Contagions.-- (1) Emergency temporary standard for covid-19.--In consideration of the grave danger presented by COVID-19 and the need to strengthen protections for workers at covered establishments, notwithstanding the provisions of law and the Executive orders listed in paragraph (4), not later than 7 days after the date of enactment of this Act, the Secretary of Labor shall promulgate an emergency temporary standard to protect all employees, contractors, and temporary workers at covered establishments from occupational exposure to SARS-CoV-2. (2) Extension of standard.--Notwithstanding paragraphs (2) and (3) of section 6(c) of the Occupational Safety and Health Act of 1970 (29 8 U.S.C. 655(c)), the emergency temporary standard promulgated under this subsection shall be in effect until the date on which the final standard promulgated under paragraph (5) is in effect. (3) State plan adoption.--With respect to a State with a State plan that has been approved by the Secretary of Labor under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), not later than 14 days after the date of enactment of this Act, such State shall promulgate an emergency temporary standard that is at least as effective in protecting employees, contractors, and temporary workers at covered establishments from occupational exposure to SARS-CoV-2 as the emergency temporary standard promulgated under this subsection. (4) Inapplicable provisions of law and executive order.-- The provisions of law and the Executive orders listed in this paragraph are as follows: (A) The requirements of chapter 6 of title 5, United States Code (commonly referred to as the ``Regulatory Flexibility Act''). (B) Subchapter I of chapter 35 of title 44, United States Code (commonly referred to as the ``Paperwork Reduction Act''). (C) The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1501 et seq.). (D) Executive Order 12866 (58 Fed. Reg. 190; relating to regulatory planning and review), as amended. (E) Executive Order 13771 (82 Fed. Reg. 9339, relating to reducing regulation and controlling regulatory costs). (5) Final standard.--Not later than 24 months after the date of enactment of this Act, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act (29 U.S.C. 655), promulgate a final standard-- (A) to protect employees, contractors, and temporary workers at covered establishments from occupational exposure to infectious pathogens, including airborne and novel pathogens; and (B) that shall be effective and enforceable in the same manner and to the same extent as a standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). (6) Consultation.--In developing the standards under this subsection, the Secretary shall consult with-- (A) the Director of the Centers for Disease Control and Prevention; (B) the Director of the National Institute for Occupational Safety and Health; and (C) the professional associations and representatives of the employees, contractors, and temporary workers at covered establishments. (7) Requirements.--Each standard promulgated under this subsection shall include-- (A) a requirement that the covered establishments-- (i) develop and implement a comprehensive infectious disease exposure control plan, with the input and involvement of employees or, where applicable, the representatives of employees, as appropriate, to address the risk of occupational exposure; (ii) record and report each work-related COVID-19 infection and death, as set forth in part 1904 of title 29, Code of Federal Regulations (as in effect on the date of enactment of this Act), and section 129 of this Act; and (iii) reduce meat and poultry processing rates to achieve social distancing and implement applicable requirements sufficient to protect worker health with an adequate margin of safety; (B) no less protection for novel pathogens than precautions mandated by standards adopted by a State plan that has been approved by the Secretary under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667); and (C) the incorporation, as appropriate, of-- (i) guidelines issued by the Centers for Disease Control and Prevention, the National Institute for Occupational Safety and Health, and the Occupational Safety and Health Administration, which are designed to prevent the transmission of infectious agents in health care or other occupational settings; and (ii) relevant scientific research on airborne and novel pathogens. (8) Enforcement.--This subsection shall be enforced in the same manner and to the same extent as any standard promulgated under section 6(b) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655(b)). SEC. 124. PERMANENT REGIONAL EMPHASIS INSPECTION PROGRAM; EXPANDING INSPECTIONS. (a) Regional Emphasis Inspection Program.-- (1) In general.--Not later than 30 days after the date of enactment of this Act, the Secretary shall, pursuant to section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657), implement a regional emphasis inspection program for covered establishments in every State of the United States in which a covered establishment is located. Such program shall cover-- (A) amputation hazards; (B) ergonomics; (C) hazards related to line speeds; (D) bathroom breaks; (E) use of chemicals such as peracetic acid (antimicrobials); and (F) working conditions in high and low temperatures. (2) State plans.--Not later than 30 days after the date of enactment of this Act, a State with a State plan that has been approved by the Secretary under section 18 of such Act (29 U.S.C. 667) shall adopt in each region within the State in which a covered establishment is located a regional emphasis inspection program that is at least as effective as the program under paragraph (1). (b) Expanding Inspections When Information Presents Possible Additional Dangers.-- (1) In general.--In the case the Secretary conducts a physical inspection of a covered establishment pursuant to section 8 of such Act in response to a referral, complaint, or fatality, and the Secretary, during such inspection makes a determination under paragraph (2), the Secretary shall expand such inspection to all areas of the establishment. (2) Determination.--A determination described in this paragraph is either of the following: (A) A determination, following a review of records of work-related injuries and illnesses maintained in accordance with such section 8, that a work-related injury or illness may be related to a workplace danger that may threaten physical harm. (B) A determination, upon interviews with employees, that a workplace danger may threaten physical harm. SEC. 125. REPRESENTATIVES DURING PHYSICAL INSPECTIONS. (a) Proposed Rule.--Not later than 1 year after the date of enactment of this Act, the Secretary shall, under section 8(e) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657(e)), publish in the Federal Register a regulation providing that during a physical inspection of a covered establishment under such section-- (1) the representative authorized by employees to be given the opportunity to accompany the Secretary during the inspection as described in such section shall not be required to be an employee of the employer; (2) where there is no representative authorized by employees as described in paragraph (1), the employees may designate a person affiliated with a worker-based community organization to serve as such representative; and (3) the inspector may arrange for interviews with employees off-site upon the request of the representative or designated person. (b) Final Rule.--Not later than 2 years after the date of enactment of this Act, the Secretary shall publish in the Federal Register a final rule for the proposed rule under subsection (a). SEC. 126. ENHANCED PROTECTIONS FROM RETALIATION. (a) Employee Actions.--Section 11(c)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 660(c)(1)) is amended-- (1) by striking ``discharge'' and all that follows through ``because such'' and inserting the following: ``discharge or cause to be discharged, or in any other manner retaliate or discriminate against or cause to be retaliated or discriminated against, any employee because-- ``(A) such''; (2) by striking ``this Act or has'' and inserting the following: ``this Act; ``(B) such employee has''; (3) by striking ``in any such proceeding or because of the exercise'' and inserting the following: ``before Congress or in any Federal or State proceeding related to safety or health; ``(C) such employee has refused to violate any provision of this Act; or ``(D) of the exercise''; and (4) by inserting before the period at the end the following: ``, including the reporting of any injury, illness, or unsafe condition to the employer, agent of the employer, safety and health committee involved, or employee safety and health representative involved''. (b) Prohibition of Retaliation; Procedure.--Section 11 of such Act (29 U.S.C. 660) is amended-- (1) in subsection (c)-- (A) in paragraph (2)-- (i) by striking ``discharged or otherwise discriminated against by any person in violation of this subsection'' and inserting ``aggrieved by a violation of this subsection''; and (ii) by striking ``such discrimination'' and inserting ``such violation''; and (B) by adding at the end the following: ``(4) Exception for meat and poultry establishments.-- Paragraphs (2) and (3) shall not apply with respect to a complaint filed by an employee of an employer that is a covered establishment, as defined in section 3 of the Protecting America's Meatpacking Workers Act.''; and (2) by adding at the end the following: ``(d) Meat and Poultry Establishments.-- ``(1) Definitions.--In this subsection: ``(A) Complainant.--The term `complainant' means a complainant who is a covered employee. ``(B) Covered employee.--The term `covered employee' means an employee of a covered employer. ``(C) Covered employer.--The term `covered employer' means an employer that is a covered establishment, as defined in section 3 of the Protecting America's Meatpacking Workers Act. ``(D) Respondent.--The term `respondent' means a respondent who is a covered employer. ``(2) Reasonable apprehension.-- ``(A) In general.--No person shall discharge, or cause to be discharged, or in any other manner retaliate or discriminate against, or cause to be retaliated or discriminated against, a covered employee for refusing to perform the covered employee's duties if the covered employee has a reasonable apprehension that performing such duties would result in serious injury to, or serious impairment of the health of, the covered employee or other covered employees. ``(B) Circumstances.--For purposes of subparagraph (A), the circumstances causing the covered employee's reasonable apprehension described in such subparagraph shall be of such a nature that a reasonable person, under the circumstances confronting the covered employee, would conclude that performing the duties described in such subparagraph would have the result described in such subparagraph. ``(C) Communication.--In order to qualify for protection under this paragraph, the covered employee, when practicable, shall have communicated or attempted to communicate the safety or health concern to the covered employer and have not received from the covered employer a response reasonably calculated to allay such concern. ``(3) Complaint.--Any covered employee who believes that the covered employee has been discharged, disciplined, or otherwise retaliated or discriminated against by any person in violation of subsection (c)(1) or paragraph (2) of this subsection may seek relief for such violation by filing a complaint with the Secretary under paragraph (5). ``(4) Statute of limitations.-- ``(A) In general.--A covered employee may take the action permitted by paragraph (3) not later than 180 days after the later of-- ``(i) the date on which an alleged violation of subsection (c)(1) or paragraph (2) of this subsection occurs; or ``(ii) the date on which the covered employee knows or should reasonably have known that such alleged violation occurred. ``(B) Repeat violation.--Except in cases when the covered employee has been discharged, a violation of subsection (c)(1) or paragraph (2) of this subsection shall be considered to have occurred on the last date an alleged repeat violation occurred. ``(5) Investigation.-- ``(A) In general.--A covered employee may, within the time period required under paragraph (4)(A), file a complaint with the Secretary alleging a violation of subsection (c)(1) or paragraph (2) of this subsection. If the complaint alleges a prima facie case, the Secretary shall conduct an investigation of the allegations in the complaint, which-- ``(i) shall include-- ``(I) interviewing the complainant; ``(II) providing the respondent an opportunity to-- ``(aa) submit to the Secretary a written response to the complaint; and ``(bb) meet with the Secretary to present statements from witnesses or provide evidence; and ``(III) providing the complainant an opportunity to-- ``(aa) receive any statements or evidence provided to the Secretary; ``(bb) meet with the Secretary; and ``(cc) rebut any statements or evidence; and ``(ii) may include issuing subpoenas for the purposes of such investigation. ``(B) Decision.--Not later than 90 days after the filing of the complaint under this paragraph, the Secretary shall-- ``(i) determine whether reasonable cause exists to believe that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred; and ``(ii) issue a decision granting or denying relief. ``(6) Preliminary order following investigation.--If, after completion of an investigation under paragraph (5)(A), the Secretary finds reasonable cause to believe that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the Secretary shall issue a preliminary order providing relief authorized under paragraph (14) at the same time the Secretary issues a decision under paragraph (5)(B). If a de novo hearing is not requested within the time period required under paragraph (7)(A)(i), such preliminary order shall be deemed a final order of the Secretary and is not subject to judicial review. ``(7) Hearing.-- ``(A) Request for hearing.-- ``(i) In general.--A de novo hearing on the record before an administrative law judge may be requested-- ``(I) by the complainant or respondent within 30 days after receiving notification of a decision granting or denying relief issued under paragraph (5)(B) or a preliminary order under paragraph (6), respectively; ``(II) by the complainant within 30 days after the date the complaint is dismissed without investigation by the Secretary under paragraph (5)(A); or ``(III) by the complainant within 120 days after the date of filing the complaint under paragraph (5), if the Secretary has not issued a decision under paragraph (5)(B). ``(ii) Reinstatement order.--The request for a hearing shall not operate to stay any preliminary reinstatement order issued under paragraph (6). ``(B) Procedures.-- ``(i) In general.--A hearing requested under this paragraph shall be conducted expeditiously and in accordance with rules established by the Secretary for hearings conducted by administrative law judges. ``(ii) Subpoenas; production of evidence.-- In conducting any such hearing, the administrative law judge may issue subpoenas. The respondent or complainant may request the issuance of subpoenas that require the deposition of, or the attendance and testimony of, witnesses and the production of any evidence (including any books, papers, documents, or recordings) relating to the matter under consideration. ``(iii) Decision.--The administrative law judge shall issue a decision not later than 90 days after the date on which a hearing was requested under this paragraph and promptly notify, in writing, the parties and the Secretary of such decision, including the findings of fact and conclusions of law. If the administrative law judge finds that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the judge shall issue an order for relief under paragraph (14). If review under paragraph (8) is not timely requested, such order shall be deemed a final order of the Secretary that is not subject to judicial review. ``(8) Administrative appeal.-- ``(A) In general.--Not later than 30 days after the date of notification of a decision and order issued by an administrative law judge under paragraph (7), the complainant or respondent may file, with objections, an administrative appeal with an administrative review body designated by the Secretary (referred to in this paragraph as the `review board'). ``(B) Standard of review.--In reviewing the decision and order of the administrative law judge, the review board shall affirm the decision and order if it is determined that the factual findings set forth therein are supported by substantial evidence and the decision and order are made in accordance with applicable law. ``(C) Decisions.--If the review board grants an administrative appeal, the review board shall issue a final decision and order affirming or reversing, in whole or in part, the decision under review by not later than 90 days after receipt of the administrative appeal. If it is determined that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred, the review board shall issue a final decision and order providing relief authorized under paragraph (14). Such decision and order shall constitute final agency action with respect to the matter appealed. ``(9) Settlement in the administrative process.-- ``(A) In general.--At any time before issuance of a final order, an investigation or proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the parties. ``(B) Public policy considerations.--Neither the Secretary, an administrative law judge, nor the review board conducting a hearing under this subsection shall accept a settlement that contains conditions conflicting with the rights protected under this Act or that are contrary to public policy, including a restriction on a complainant's right to future employment with employers other than the specific covered employers named in a complaint. ``(10) Inaction by the review board or administrative law judge.-- ``(A) In general.--The complainant may bring a de novo action described in subparagraph (B) if-- ``(i) an administrative law judge has not issued a decision and order within the 90-day time period required under paragraph (7)(B)(iii); or ``(ii) the review board has not issued a decision and order within the 90-day time period required under paragraph (8)(C). ``(B) De novo action.--Such de novo action may be brought at law or equity in the United States district court for the district where a violation of subsection (c)(1) or paragraph (2) of this subsection allegedly occurred or where the complainant resided on the date of such alleged violation. The court shall have jurisdiction over such action without regard to the amount in controversy and to order appropriate relief under paragraph (14). Such action shall, at the request of either party to such action, be tried by the court with a jury. ``(11) Judicial review.-- ``(A) Timely appeal to the court of appeals.--Any party adversely affected or aggrieved by a final decision and order issued under this subsection may obtain review of such decision and order in the United States Court of Appeals for the circuit where the violation, with respect to which such final decision and order was issued, allegedly occurred or where the complainant resided on the date of such alleged violation. To obtain such review, a party shall file a petition for review not later than 60 days after the final decision and order was issued. Such review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the final decision and order. ``(B) Limitation on collateral attack.--An order and decision with respect to which review may be obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. ``(12) Enforcement of order.--If a respondent fails to comply with an order issued under this subsection, the Secretary or the complainant on whose behalf the order was issued may file a civil action for enforcement in the United States district court for the district in which the violation was found to occur to enforce such order. If both the Secretary and the complainant file such action, the action of the Secretary shall take precedence. The district court shall have jurisdiction to grant all appropriate relief described in paragraph (14). ``(13) Burdens of proof.-- ``(A) Criteria for determination.--In making a determination or adjudicating a complaint pursuant to this subsection, the Secretary, administrative law judge, review board, or a court may determine that a violation of subsection (c)(1) or paragraph (2) of this subsection has occurred only if the complainant demonstrates that any conduct described in subsection (c)(1) or paragraph (2) of this subsection with respect to the complainant was a contributing factor in the adverse action alleged in the complaint. ``(B) Prohibition.--Notwithstanding subparagraph (A), a decision or order that is favorable to the complainant shall not be issued in any administrative or judicial action pursuant to this subsection if the respondent demonstrates by clear and convincing evidence that the respondent would have taken the same adverse action in the absence of such conduct. ``(14) Relief.-- ``(A) Order for relief.--If the Secretary, administrative law judge, review board, or a court determines that a covered employer has violated subsection (c)(1) or paragraph (2) of this subsection, the Secretary, administrative law judge, review board, or court, respectively, shall have jurisdiction to order all appropriate relief, including injunctive relief, and compensatory and exemplary damages, including-- ``(i) affirmative action to abate the violation; ``(ii) reinstatement without loss of position or seniority, and restoration of the terms, rights, conditions, and privileges associated with the complainant's employment, including opportunities for promotions to positions with equivalent or better compensation for which the complainant is qualified; ``(iii) compensatory and consequential damages sufficient to make the complainant whole (including back pay, prejudgment interest, and other damages); and ``(iv) expungement of all warnings, reprimands, or derogatory references that have been placed in paper or electronic records or databases of any type relating to the actions by the complainant that gave rise to the unfavorable personnel action, and, at the complainant's direction, transmission of a copy of the decision on the complaint to any person whom the complainant reasonably believes may have received such unfavorable information. ``(B) Attorneys' fees and costs.--If the Secretary or an administrative law judge, review board, or court grants an order for relief under subparagraph (A), the Secretary, administrative law judge, review board, or court, respectively, shall assess, at the request of the covered employee against the covered employer-- ``(i) reasonable attorneys' fees; and ``(ii) costs (including expert witness fees) reasonably incurred, as determined by the Secretary, administrative law judge, review board, or court, respectively, in connection with bringing the complaint upon which the order was issued. ``(15) Procedural rights.--The rights and remedies provided for in this subsection may not be waived by any agreement, policy, form, or condition of employment, including by any pre- dispute arbitration agreement or collective bargaining agreement. ``(16) Savings.--Nothing in this subsection shall be construed to diminish the rights, privileges, or remedies of any covered employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. ``(17) Election of venue.-- ``(A) In general.--A covered employee of a covered employer who is located in a State that has a State plan approved under section 18 may file a complaint alleging a violation of subsection (c)(1) or paragraph (2) of this subsection by such employer with-- ``(i) the Secretary under paragraph (5); or ``(ii) a State plan administrator in such State. ``(B) Referrals.--If-- ``(i) the Secretary receives a complaint pursuant to subparagraph (A)(i), the Secretary shall not refer such complaint to a State plan administrator for resolution; or ``(ii) a State plan administrator receives a complaint pursuant to subparagraph (A)(ii), the State plan administrator shall not refer such complaint to the Secretary for resolution. ``(18) Presumption of retaliation.--The Secretary shall apply an unrebuttable presumption of retaliation in any complaint initiated under paragraph (5) in which the Secretary finds a covered employee suffers an adverse action within 90 days of the date on which the covered employee took any action protected under subsection (c)(1) or raised any reasonable apprehension under paragraph (2) of this subsection. ``(19) Supplement and not supplant.--The remedies provided for under this subsection supplement, and do not supplant, the private right of action under section 130 of the Protecting America's Meatpacking Workers Act. ``(20) Definitions.--For purposes of this subsection and subsection (c)-- ``(A) the term `retaliate or discriminate against' includes reporting, or threatening to report, to a Federal, State, or local authority the suspected citizenship or immigration status of a covered employee, or of a family member of a covered employee, because the covered employee raises a concern about workplace health and safety practices or hazards; and ``(B) the term `family member', with respect to the family member of a covered employee, means an individual who-- ``(i) is related to the covered employee by blood, adoption, marriage, or domestic partnership; and ``(ii) is a significant other, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild of the covered employee.''. (c) Relation to Enforcement.--Section 17(j) of such Act (29 U.S.C. 666(j)) is amended by inserting before the period the following: ``, including the history of violations under subsection (c) or (d) of section 11''. SEC. 127. REGULATIONS TO RESTORE A COLUMN ON REQUIRED RECORDS OF WORK- RELATED MUSCULOSKELETAL DISORDERS. Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule regarding matters pertaining to the proposed rule issued by the Secretary on January 29, 2010, entitled ``Occupational Injury and Illness Recording and Reporting Requirements'' (75 Fed. Reg. 4728). SEC. 128. FUNDING FOR ADDITIONAL OSHA INSPECTORS. Out of any amounts in the Treasury not otherwise appropriated, there is appropriated $60,000,000 to the Secretary for each of fiscal years 2024 through 2029, to remain available until expended for-- (1) the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657); and (2) carrying out sections 6, 8, and 11 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655; 657; and 660), as amended by this Act. SEC. 129. OSHA REPORTING. (a) Definition of Pandemic.--In this section, the term ``pandemic'' means a public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d) with respect to a pandemic. (b) Reporting During a Pandemic.-- (1) Standardized reporting.-- (A) In general.--The Secretary shall establish a standardized process for covered establishments to report, on a weekly basis during a pandemic, to the Secretary information regarding infections and deaths related to the pandemic. Such information shall include-- (i) the number of employees on a weekly and cumulative basis that have contracted the disease resulting in the pandemic; (ii) racial demographics of such employees; and (iii) the employment status of such employees. (B) Form and procedures.-- (i) COVID-19.--Not later than 7 days after the date of enactment of this Act, the Secretary shall issue reporting procedures described in subparagraph (A), including forms for such procedures, for reporting the information described in such subparagraph during the pandemic with respect to COVID-19. (ii) Future pandemics.--Not later than 1 year after the date of enactment of this Act, or 7 days following a declaration of a pandemic other than COVID-19, whichever is sooner, the Secretary shall issue reporting procedures described in subparagraph (A), including forms for such procedures, for pandemics other than COVID-19. (2) Public availability.--The Secretary shall make the information reported under paragraph (1) available to the public in a manner that facilitates public participation, including by making such information available on its website in a manner that maximizes public participation. (3) Privacy.--A covered establishment, in reporting information to the Secretary under paragraph (1), may not claim confidential business information or patient privacy, except that such an establishment may withhold the names of workers, as a basis to withhold information. (c) Disclosures to Employees.--A covered establishment shall disclose to each employee or individual providing work for the employer, including any individual providing such work through a contract or subcontract, all chemicals used at the worksite where the employee or individual provides such work. Such disclosure shall be provided to the employee or individual in the native language of the employee or individual. SEC. 130. PRIVATE RIGHT OF ACTION. (a) In General.--Any person aggrieved by the failure of a covered establishment to comply with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.), including any regulation promulgated pursuant to such Act, or to comply with this subtitle may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties, or in any other court of competent jurisdiction. (b) Right of Recovery.--In an action brought by any aggrieved person pursuant to this section, the person may recover equitable and legal relief (including compensatory and punitive damages), attorney's fees (including expert fees), and costs of the action. (c) Action by the Secretary.--Any administrative enforcement by the Secretary shall not preclude the relief afforded by this section or otherwise deprive a court of jurisdiction. SEC. 131. INJUNCTION PROCEEDINGS. Section 13 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 662) is amended-- (1) in subsection (a), by adding at the end the following: ``Any employee (or the representative of such employee) at a place of employment subject to enforcement under this subsection may unconditionally intervene as a matter of right.''; and (2) in subsection (d), by adding at the end the following: ``The right to judicial review provided in this subsection shall extend to, and the district court shall have jurisdiction to adjudicate, any action, inaction, or failure to act by the Secretary with respect to an imminent danger regardless of whether the Secretary, an inspector, or any other individual determines the existence or absence of an imminent danger.''. Subtitle D--Savings Provision SEC. 136. SAVINGS PROVISION. Nothing in title shall be construed to diminish the rights, privileges, or remedies of any employee who exercises rights under any Federal or State law or common law, or under any collective bargaining agreement. TITLE II--FARM SYSTEM REFORMS SEC. 201. EXPANDED MEAT AND POULTRY PROCESSING GRANTS. Section 764 of division N of the Consolidated Appropriations Act, 2021 (21 U.S.C. 473), is amended-- (1) in subsection (b)-- (A) in paragraph (2), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting appropriately; (C) in the matter preceding subparagraph (A) (as so redesignated), by striking ``To be eligible'' and inserting the following: ``(1) In general.--To be eligible''; (D) in paragraph (1) (as so designated)-- (i) in the matter preceding subparagraph (A) (as so redesignated), by striking ``shall be--'' and inserting ``shall--''; (ii) in subparagraph (A) (as so redesignated)-- (I) by inserting ``be'' before ``in operation''; and (II) by striking ``and'' at the end; (iii) in subparagraph (B) (as so redesignated)-- (I) in the matter preceding clause (i) (as so redesignated), by striking ``seeking'' and inserting ``seek''; and (II) in clause (ii) (as so redesignated), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(C) have a labor peace agreement in place.''; and (E) by adding at the end the following: ``(2) Definition of labor peace agreement.--In this subsection, the term `labor peace agreement' means an agreement-- ``(A) between an employer and a labor organization that represents, or is actively seeking to represent, the employees of the employer; and ``(B) under which such employer and labor organization agree that-- ``(i) the employer will not-- ``(I) hinder any effort of an employee to join a labor organization; or ``(II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; ``(ii) the labor organization agrees to refrain from picketing, work stoppages, or boycotts against the employer; ``(iii) the employer provides the labor organization with employee contact information, and facilitates or permits labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and ``(iv) the employer shall, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative.''; (2) in subsection (d)(2)-- (A) in subparagraph (A), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately; (C) in the matter preceding clause (i) (as so redesignated), by striking ``recipient shall agree'' and inserting the following: ``recipient-- ``(A) shall agree''; (D) in subparagraph (A) (as so designated), in clause (ii) (as so redesignated), by striking the period at the end and inserting ``; and''; and (E) by adding at the end the following: ``(B) shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets.''; and (3) in subsection (f)-- (A) by striking ``Of the funds'' and inserting the following: ``(1) In general.--Of the funds''; and (B) by adding at the end the following: ``(2) Additional funding.--In addition to amounts made available under paragraph (1), of the funds of the Treasury not otherwise appropriated, there is appropriated to carry out this section $100,000,000 for the period of fiscal years 2023 through 2032.''. SEC. 202. LOCAL AGRICULTURE MARKET PROGRAM. Section 210A(i)(1) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c(i)(1)) is amended by striking ``fiscal year 2019 and each fiscal year thereafter'' and inserting ``each of fiscal years 2019 through 2023, and $500,000,000 for fiscal year 2024''. SEC. 203. RESTORATION OF MANDATORY COUNTRY OF ORIGIN LABELING FOR BEEF AND PORK; INCLUSION OF DAIRY PRODUCTS. (a) Definitions.--Section 281 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638) is amended-- (1) by redesignating paragraphs (1), (2) through (5), (6), and (7) as paragraphs (2), (4) through (7), (9), and (10), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal).''; (3) in paragraph (2) (as so redesignated)-- (A) in subparagraph (A)-- (i) in clause (i), by striking ``lamb'' and inserting ``beef, lamb, pork,''; (ii) in clause (ii), by striking ``ground lamb'' and inserting ``ground beef, ground lamb, ground pork,''; (iii) in clause (x), by striking ``and'' at the end; (iv) in clause (xi), by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following: ``(xii) dairy products.''; and (B) in subparagraph (B), by inserting ``(other than clause (xii) of that subparagraph)'' after ``subparagraph (A)''; (4) by inserting after paragraph (2) (as so redesignated) the following: ``(3) Dairy product.--The term `dairy product' means-- ``(A) fluid milk; ``(B) cheese, including cottage cheese and cream cheese; ``(C) yogurt; ``(D) ice cream; ``(E) butter; and ``(F) any other dairy product.''; and (5) by inserting after paragraph (7) (as so redesignated) the following: ``(8) Pork.--The term `pork' means meat produced from hogs.''. (b) Notice of Country of Origin.--Section 282(a) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)) is amended by adding at the end the following: ``(5) Designation of country of origin for dairy products.-- ``(A) In general.--A retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as-- ``(i) each country in which or from which the 1 or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and ``(ii) each country in which the covered commodity was processed. ``(B) State, region, locality of the united states.--With respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin.''. SEC. 204. DEFINITIONS IN PACKERS AND STOCKYARDS ACT, 1921. Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended-- (1) in paragraph (8), by striking ``for slaughter'' and all that follows through ``of such poultry'' and inserting ``under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person''; (2) in paragraph (9), by striking ``and cares for live poultry for delivery, in accord with another's instructions, for slaughter'' and inserting ``or cares for live poultry in accordance with the instructions of another person''; (3) in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period; (4) in paragraph (10)-- (A) by striking ``for the purpose of either slaughtering it or selling it for slaughter by another''; and (B) by striking ``; and'' at the end and inserting a period; and (5) by adding at the end the following: ``(15) Formula price.-- ``(A) In general.--The term `formula price' means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date that is after the date on which the forward price is established. ``(B) Exclusion.--The term `formula price' does not include-- ``(i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or ``(ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. ``(16) Forward contract.--The term `forward contract' means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for-- ``(A) a specified lot of livestock; or ``(B) a specified number of livestock over a certain period of time.''. SEC. 205. UNLAWFUL PRACTICES. (a) In General.--Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended-- (1) by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately; (2) by striking the section designation and all that follows through ``It shall be'' in the matter preceding paragraph (1) (as so redesignated) and inserting the following: ``SEC. 202. UNLAWFUL ACTS. ``(a) In General.--It shall be''; (3) in subsection (a)-- (A) in the matter preceding paragraph (1) (as so redesignated), by striking ``to:'' and inserting ``to do any of the following:''; (B) in each of paragraphs (1) through (6) (as so redesignated), by striking ``; or'' each place it appears and inserting a period; (C) in paragraph (6) (as so redesignated)-- (i) by striking ``(1)'' and inserting ``(A)''; (ii) by striking ``(2)'' and inserting ``(B)''; and (iii) by striking ``(3)'' and inserting ``(C)''; (D) by inserting after paragraph (6) the following: ``(7) Use, in effectuating any sale of livestock, a forward contract that-- ``(A) does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into; ``(B) is not offered for bid in an open, public manner under which-- ``(i) buyers and sellers have the opportunity to participate in the bid; ``(ii) more than 1 blind bid is solicited; and ``(iii) buyers and sellers may witness bids that are made and accepted; ``(C) is based on a formula price; or ``(D) provides for the sale of livestock in a quantity in excess of-- ``(i) in the case of cattle, 40 cattle; ``(ii) in the case of swine, 30 swine; and ``(iii) in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary. ``(8) Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to-- ``(A) an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; ``(B) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that-- ``(i) own, feed, or control the livestock; and ``(ii) provide the livestock to the cooperative for slaughter; ``(C) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) information on the price and quantity of livestock purchased by the packer; or ``(D) a packer that owns only 1 livestock processing plant. ``(9) Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action.''; and (E) in paragraph (10) (as so redesignated), by striking ``subdivision (a), (b), (c), (d), or (e)'' and inserting ``paragraphs (1) through (9)''; and (4) by adding at the end the following: ``(b) Unfair, Discriminatory, and Deceptive Practices and Devices.--Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following: ``(1) Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including-- ``(A) feed conversion rates by house, lot, or pen; ``(B) feed analysis; ``(C) breeder history; ``(D) quality grade; ``(E) yield grade; and ``(F) delivery volume for any certified branding program (such as programs for Angus beef or certified grassfed or Berkshire pork). ``(2) Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right-- ``(A) to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract; ``(B) to pursue all damages available under applicable law; and ``(C) to seek an award of attorneys' fees, if available under applicable law. ``(3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. ``(4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. ``(c) Undue or Unreasonable Preferences, Advantages, Prejudices, and Disadvantages.-- ``(1) In general.--Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following: ``(A) A retaliatory action (including coercion or intimidation) or the threat of retaliatory action-- ``(i) in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and ``(ii) in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower. ``(B) Use of the tournament system for poultry as described in paragraph (3). ``(2) Lawful communication described.--A lawful communication referred to in paragraph (1)(A)(ii) includes-- ``(A) a communication with officials of a Federal agency or Members of Congress; ``(B) any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and ``(C) any other communication that assists in carrying out the purposes of this Act. ``(3) Use of tournament system for poultry.-- ``(A) In general.--Subject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer. ``(B) Exception.--Under subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group. ``(C) Inputs and services described.--The inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group-- ``(i) the quantity, breed, sex, and age of chicks delivered to each poultry grower; ``(ii) the breed and age of the breeder flock from which chicks are drawn for each poultry grower; ``(iii) the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower; ``(iv) the quality of and access to medications for the birds of each poultry grower; ``(v) the number of birds in a flock delivered to each poultry grower; ``(vi) the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower; ``(vii) the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower; ``(viii) condemnations of parts of birds due to actions in processing for each poultry grower; ``(ix) condemnations of whole birds due to the fault of the poultry grower; ``(x) the death loss of birds due to the fault of the poultry grower; ``(xi) the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x); ``(xii) the type and classification of each poultry grower; and ``(xiii) any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower. ``(d) Harm to Competition Not Required.--In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required.''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192) (as designated by subsection (a)(2)), shall take effect on the date of enactment of this Act. (2) Transition rules.--In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192) (as designated by subsection (a)(2)), that paragraph shall take effect-- (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B) in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary. SEC. 206. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. The Packers and Stockyards Act, 1921, is amended by inserting after section 202 (7 U.S.C. 192) the following: ``SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. ``(a) Definitions.--In this section: ``(1) Covered packer.-- ``(A) In general.--The term `covered packer' means a packer that is required under subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et seq.) to report to the Secretary each reporting day information on the price and quantity of livestock purchased by the packer. ``(B) Exclusion.--The term `covered packer' does not include a packer that owns only 1 livestock processing plant. ``(2) Nonaffiliated producer.--The term `nonaffiliated producer' means a producer of livestock-- ``(A) that sells livestock to a packer; ``(B) that has less than 1 percent equity interest in the packer; ``(C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; ``(D) that has no fiduciary responsibility to the packer; and ``(E) in which the packer has no equity interest. ``(3) Spot market sale.-- ``(A) In general.--The term `spot market sale' means a purchase and sale of livestock by a packer from a producer-- ``(i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; ``(ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and ``(iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. ``(B) Reasonable competitive bidding opportunity.-- For the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if-- ``(i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and ``(ii) no circumstance, custom, or practice exists that-- ``(I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and ``(II) precludes the producer from soliciting or receiving bids from other packers. ``(b) General Rule.--Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. ``(c) Applicable Percentages.-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage shall be 50 percent. ``(2) Exceptions.--In the case of a covered packer that reported to the Secretary in the 2018 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of-- ``(A) the difference between the percentage of committed procurement so reported and 100 percent; and ``(B)(i) during each of calendar years 2020 and 2021, 20 percent; ``(ii) during each of calendar years 2022 and 2023, 30 percent; and ``(iii) during calendar year 2024 and each calendar year thereafter, 50 percent. ``(d) Nonpreemption.--This section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section.''. SEC. 207. INVESTIGATION OF LIVE POULTRY DEALERS. (a) Administrative Enforcement Authority Over Live Poultry Dealers.--Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193, 194, 195), are amended by inserting ``, live poultry dealer,'' after ``packer'' each place it appears. (b) Authority To Request Temporary Injunction or Restraining Order.--Section 408(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 228a(a)), is amended by inserting ``or poultry care'' after ``on account of poultry''. (c) Violations by Live Poultry Dealers.--Section 411 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228b-2), is amended-- (1) in subsection (a), in the first sentence, by striking ``any provision of section 207 or section 410 of''; and (2) in subsection (b), in the first sentence, by striking ``any provisions of section 207 or section 410'' and inserting ``any provision''. SEC. 208. AWARD OF ATTORNEY FEES. Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194), is amended by adding at the end the following: ``(i) Attorney's Fee.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this section.''. SEC. 209. TECHNICAL AMENDMENTS. (a) Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is amended-- (1) in subsection (a), in the first sentence-- (A) by striking ``he shall cause'' and inserting ``the Secretary shall cause''; and (B) by striking ``his charges'' and inserting ``the charges''; (2) in subsection (b), in the first sentence, by striking ``he shall make a report in writing in which he shall state his findings'' and inserting ``the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary''; and (3) in subsection (c), by striking ``he'' and inserting ``the Secretary''. (b) Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194), is amended-- (1) in subsection (a), by striking ``he has his'' and inserting ``the packer, live poultry dealer, or swine contractor has the''; (2) in subsection (c), by striking ``his officers, directors, agents, and employees'' and inserting ``the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer''; (3) in subsection (f), in the second sentence-- (A) by striking ``his findings'' and inserting ``the findings of the Secretary''; and (B) by striking ``he'' and inserting ``the Secretary''; and (4) in subsection (g), by striking ``his officers, directors, agents, and employees'' and inserting ``the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer''. TITLE III--GAO REPORTS SEC. 301. REVIEW AND REPORT ON FRAGILITY AND NATIONAL SECURITY IN THE FOOD SYSTEM. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress a report containing, a review of the fragility of the food system in the United States with respect to meat and poultry. (b) Requirements.--The report under subsection (a) shall include information on, and an analysis of-- (1) the reach of corporate consolidation and corporate control of the meat and poultry supply chain, including animal feed, inputs for animal feed, processing, and distribution; (2) the effects of corporate consolidation and corporate control of the meat and poultry supply chain on-- (A) consumers, farmers, rural communities, and meat and poultry processing workers; (B) greenhouse gas emissions, climate change, and costs borne by communities to adapt to climate change; (C) water quality, soil quality, air quality, and biodiversity; and (D) politics and political lobbying; (3)(A) the extent to which Department of Agriculture rules and regulations designed for large covered establishments are applied to small- and medium-sized covered establishments; and (B) the need for the Secretary of Agriculture to adapt rules and regulations to benefit small- and medium-sized covered establishments; (4) the effects of the COVID-19 pandemic on meat and poultry exports, meat and poultry cold storage inventories, processing rates of meat and poultry, and the net profits earned by owners of covered establishments; (5) the effect of the COVID-19 pandemic on meat and poultry prices paid-- (A) to farmers; and (B) by consumers; (6) Federal support for the corporations that control the largest percentage of the meat and poultry industry through contracts, procurement, subsidies, and other mechanisms; (7) the risk of disruption caused by corporate consolidation among covered establishments, including an analysis of food supply chain issues resulting from the COVID- 19 pandemic; and (8) the extent to which breaking up the meat packing oligopoly would increase food system resiliency for the next pandemic. SEC. 302. REVIEW AND REPORT ON RACIAL AND ETHNIC DISPARITIES IN MEAT AND POULTRY PROCESSING. Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress, a report on racial and ethnic disparities in the meat and poultry processing sector. Such report shall contain a review of each of the following: (1) The impacts of working in covered establishments to individuals working at such establishments who are employees, temporary workers, incarcerated workers, noncitizen workers admitted to the United States as nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as refugees under section 207 of that Act (8 U.S.C. 1157), or noncitizen workers who are not lawfully present in the United States. Such review shall include a review of-- (A) workplace injuries, including repetitive musculoskeletal injuries, of such individuals; (B) psychological and mental health conditions of such individuals; (C) exposure of such individuals to chemicals or other potential carcinogens and reproductive toxins; (D) any physical or mental abuse, including sexual harassment, of such individuals by co-workers or managers; (E) the risk of exposure to SARS-CoV-2 for such individuals; (F) the extent to which such individuals are unable to seek appropriate relief for workplace injuries, abuse, and protection from exposure to SARS-CoV-2 during the COVID-19 emergency for fear of retaliation; and (G) COVID-19 deaths and illnesses of such individuals, including the short- and long-term effects of COVID-19 for such individuals. (2) The racial demographics and use of temporary workers to outsource the responsibility of covered establishments to provide a safe workplace. (3) The racial demographics and use of incarcerated workers in covered establishments, including-- (A) the extent to which such workers have a choice in working at covered establishments; (B) the use of such workers to outsource the responsibility of covered establishments to provide a safe workplace; (C) the use of such workers to outsource the responsibility of covered establishments to provide fair compensation; and (D) the use of such workers by covered establishments to externalize employee cost. (4) The racial demographics and use of noncitizen workers admitted to the United States as nonimmigrants described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) or as refugees under section 207 of that Act (8 U.S.C. 1157) at covered establishments, including-- (A) the extent to which predatory practices, such as limiting the ability of such workers to choose and move between competing organizations, are utilized by covered establishments with respect to such workers; (B) the extent to which such workers are unable to speak out for fear of retaliation; and (C) the extent to which there is full transparency about the nature of employment of such workers prior to being hired. (5) The racial demographics and use of noncitizen workers who are not lawfully present in the United States at covered establishments, including-- (A) the extent to which such workers are unable to speak out for fear of retaliation; and (B) whether any collusion between Federal immigration offices and covered establishments have the effect of intimidating and silencing such workers. SEC. 303. GAO REPORT ON LINE SPEEDS. (a) In General.--Not later than 90 days after the end of the covered period, the Comptroller General of the United States shall carry out, and submit to Congress a report containing, a review of the actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services in response to the COVID-19 pandemic to determine the effectiveness of those actions in protecting animal, food, and worker safety. (b) Contents.--The review carried out under subsection (a) shall include information on, and an analysis of, with respect to covered establishments-- (1) all policies and regulations relating to inspection of those establishments that have been implemented by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services during the COVID-19 emergency and the covered period; (2) the pandemic emergency preparedness plans of those establishments; (3) the extent to which those establishments have implemented guidance and recommendations to space workers 6 feet apart on production lines and in break rooms, locker rooms, and all other workspaces; (4) the extent to which those establishments maintain policies and procedures that discourage workers from reporting exposure, seeking treatment, or remaining in isolation, including-- (A) bonus or work incentive programs; and (B) sick leave that does not cover the full pay of a worker; (5) the extent to which those establishments provide communications and training about COVID-19 in a language and at a literacy level workers understand; (6)(A) the quantity and quality of face masks and personal protective equipment, such as face shields and respirators, made available to workers at those establishments; (B) whether the face masks and personal protective equipment are provided to the workers free of charge; and (C) usage of the face masks and personal protective equipment by the workers; (7) any guidance provided to inspectors of those establishments by the Secretary, the Secretary of Labor, or the Secretary of Health and Human Services during the COVID-19 emergency; (8) actions taken by the Secretary, the Secretary of Labor, and the Secretary of Health and Human Services to protect workers, animals, and food at establishments that have reported cases of COVID-19; (9) all humane handling reports issued, and enforcement actions taken, by the Secretary during the COVID-19 emergency pursuant to-- (A) Public Law 85-765 (commonly known as the ``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.); and (B) good commercial practices regulations promulgated under the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); (10) the impact of faster line speeds on the ability of those establishments to maintain protections for workers; (11) any instance of interference by a Federal agency with the contents of any report of findings based on a review of a covered establishment experiencing an outbreak of COVID-19 conducted by personnel of the Centers for Disease Control and Prevention; and (12) any instance of interference by a Federal agency with the recommended actions of a State or local health department to close a covered facility experiencing COVID-19-related deaths and disease. &lt;all&gt; </pre></body></html>
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118S271
Farm System Reform Act of 2023
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 271 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 271 To place a moratorium on large concentrated animal feeding operations, to strengthen the Packers and Stockyards Act, 1921, to require country of origin labeling on beef, pork, and dairy products, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Booker (for himself, Ms. Warren, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To place a moratorium on large concentrated animal feeding operations, to strengthen the Packers and Stockyards Act, 1921, to require country of origin labeling on beef, pork, and dairy products, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Farm System Reform Act of 2023''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. TITLE I--ANIMAL FEEDING OPERATIONS Sec. 101. Definitions. Sec. 102. Moratorium on large concentrated animal feeding operations. Sec. 103. Voluntary debt forgiveness and transition assistance program for animal feeding operations. Sec. 104. Integrator responsibilities and liabilities. TITLE II--AMENDMENTS TO PACKERS AND STOCKYARDS ACT, 1921 Sec. 201. Definitions. Sec. 202. Unlawful practices. Sec. 203. Spot market purchases of livestock by packers. Sec. 204. Investigation of live poultry dealers. Sec. 205. Award of attorney fees. Sec. 206. Technical amendments. TITLE III--LABELING OF MEAT AND DAIRY PRODUCTS Sec. 301. Restoration of mandatory country of origin labeling for beef and pork; inclusion of dairy products. Sec. 302. Truth in labeling for meat and meat food products. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. TITLE I--ANIMAL FEEDING OPERATIONS SEC. 101. DEFINITIONS. In this title: (1) Agronomic requirement.-- (A) In general.--The term ``agronomic requirement'' means the quantity of nutrient necessary to achieve a reasonable yield goal for a crop, as determined based on land grant university fertility rates, soil testing for available nutrients, manure analysis, and other planned nutrient applications. (B) Exclusions.--Planned nutrient applications under subparagraph (A) do not include nutrient indices, risk indices, or other methods that allow land application of manure in excess of crop need. (2) Animal feeding operation; afo.-- (A) In general.--The term ``animal feeding operation'' or ``AFO'' means a lot or facility at which-- (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are-- (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Aggregation.--Two or more lots or facilities described in subparagraph (A) shall constitute a single animal feeding operation if the lots or facilities-- (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion.--The term ``animal feeding operation'' or ``AFO'' does not include a stockyard (as that term is defined in section 302(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 202(a))). (3) Large concentrated animal feeding operation; large cafo.--The term ``large concentrated animal feeding operation'' or ``large CAFO'' means an AFO at which are present not less than-- (A) 700 mature dairy cows, milked or dry; (B) 1,000 veal calves; (C) 1,000 cattle (including heifers, steers, bulls, cows, and calves) other than mature dairy cows or veal calves; (D) 2,500 swine, each weighing not less than 55 pounds; (E) 10,000 swine, each weighing not more than 55 pounds; (F) 500 horses; (G) 10,000 sheep or lambs; (H) 55,000 turkeys; (I) in the case of an AFO that uses a liquid manure handling system-- (i) 30,000 laying hens or broilers; or (ii) 5,000 ducks; or (J) in the case of an AFO that uses a system other than a liquid manure handling system-- (i) 125,000 chickens (other than laying hens); (ii) 82,000 laying hens; or (iii) 30,000 ducks. (4) Contract grower.--The term ``contract grower'' means an owner of an AFO that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement with an integrator. (5) Integrator.--The term ``integrator'' means an individual or entity that contracts with a contract grower under a growout contract, marketing arrangement, or other arrangement under which the contract grower raises and cares for livestock or poultry at an AFO in accordance with the instructions of the integrator for the purpose of slaughtering the livestock or poultry or selling the livestock or poultry for slaughter, if the livestock or poultry is sold or shipped in commerce (as described in section 2(b) of the Packers and Stockyards Act, 1921 (7 U.S.C. 183)). (6) Manure.--The term ``manure'' means-- (A) the fecal and urinary excretions of livestock and poultry; and (B) litter, bedding, compost and raw materials, process wastewater, and other materials commingled with the excretions described in subparagraph (A) or set aside for disposal after such commingling. SEC. 102. MORATORIUM ON LARGE CONCENTRATED ANIMAL FEEDING OPERATIONS. (a) In General.--No large CAFO may commence or expand operations on or after the date of enactment of this Act. (b) Cessation of Operations.--No large CAFO may continue to operate as a large CAFO after January 1, 2041. (c) Penalties.--Any person that violates subsection (a) or (b) may be assessed a civil penalty of up to $10,000 per violation, per day, in addition to any other applicable statutory civil penalty or monetary damages assessed pursuant to any State common law judgment. SEC. 103. VOLUNTARY DEBT FORGIVENESS AND TRANSITION ASSISTANCE PROGRAM FOR ANIMAL FEEDING OPERATIONS. (a) Definition of Eligible Entity.-- (1) In general.--In this section, the term ``eligible entity'' means an owner of an AFO. (2) Exclusion.--In this section, the term ``eligible entity'' does not include an owner of an AFO that is an integrator. (b) Establishment.--Not later than 180 days after the date of enactment of this Act, the Secretary shall carry out a program to provide grants to eligible entities to permanently transition from operating an AFO to carrying out other activities on the property on which the AFO is located. (c) Payments.--Under the program established under subsection (b), the Secretary shall provide grants to eligible entities-- (1) to partially or fully pay off any outstanding debt of the eligible entity that was incurred to construct and operate the AFO; and (2) to cover costs relating to the transition of the property on which the AFO is located to be used for alternative agriculture activities, such as raising pasture-based livestock, growing specialty crops, or organic commodity production. (d) Requirement.--As a condition of receiving a grant under this section, an eligible entity shall provide to the Secretary a working lands easement on the property on which the AFO is located that prohibits-- (1) the operation of the AFO and any associated waste management system on the easement area; and (2) the use of the easement area for a spray field or land application of manure at rates exceeding crop agronomic requirements for nitrogen and phosphorus. (e) Funding.-- (1) In general.--On the first October 1 after the date of enactment of this Act, and on each October 1 thereafter, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $10,000,000,000, to remain available until expended. (2) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation. SEC. 104. INTEGRATOR RESPONSIBILITIES AND LIABILITIES. (a) Responsibilities and Liabilities.-- (1) In general.--An integrator that exercises substantial operational control of an AFO, as described in subsection (b), shall be responsible and liable for, with respect to the operation of the AFO-- (A) the disposal of dead animals; (B) the disposal of manure, excrement, and other waste; (C) the discharge or release of any air pollutant, including greenhouse gases, from any source located on or activity occurring at the AFO, including enteric processes, manure, and animal feed; (D) the discharge of any pollutant to groundwater or any surface water body, including the production area, manure storage, manure land application area (crop field), tile drain, and agricultural stormwater runoff of the AFO; (E) any harm suffered by the contract grower of the AFO or a third party from any activity described in subparagraphs (A) through (D), or from any other on- property or off-property contamination, including following an extreme weather event; and (F) any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the AFO due to the operation of the AFO. (2) Duties not transferable.--The responsibilities and liabilities of an integrator under this subsection shall be nondelegable and nontransferable to any third party, including any contract grower. (b) Substantial Operational Control.--An integrator exercises substantial operational control of an AFO if the integrator-- (1) holds an ownership interest in the livestock or poultry, land, or other capital of the AFO; (2) through a growout contract, marketing arrangement, or other arrangement, or through direct supervision of, or on-site participation in, activities at the AFO, controls-- (A) the activity of persons working at the AFO; (B) the operation, management, or waste management practices of the AFO; or (C) the manner in which livestock or poultry at the AFO are grown, fed, watered, ventilated, heated, cooled, or medicated; (3) supplies feed, pharmaceuticals, or other inputs to the AFO; or (4) requires a capital investment from the contract grower of the AFO for erecting or expanding facilities at the AFO. (c) Civil Actions.-- (1) In general.--Any person may-- (A) bring a civil action against an integrator in an appropriate court to redress any violation of this section or any other law relating to the activities described in this section; and (B) obtain appropriate relief in a civil action under subparagraph (A). (2) Attorney's fees for plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (3) No preemption.--Nothing in this subsection preempts, alters, displaces, abridges, or supplants any claim or remedy available under any State or Federal law, including common law, that provides a remedy for civil relief. (d) AFO Discharges.--Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following: ``(t) AFO Discharges.--The Administrator shall require that all persons exercising substantial operational control (as described in section 104(b) of the Farm System Reform Act of 2023) over an animal feeding operation (as defined in section 101 of that Act) jointly obtain a permit under this section for a discharge from the animal feeding operation.''. TITLE II--AMENDMENTS TO PACKERS AND STOCKYARDS ACT, 1921 SEC. 201. DEFINITIONS. Section 2(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(a)), is amended-- (1) in paragraph (8), by striking ``for slaughter'' and all that follows through ``of such poultry'' and inserting ``under a poultry growing arrangement, regardless of whether the poultry is owned by that person or another person''; (2) in paragraph (9), by striking ``and cares for live poultry for delivery, in accord with another's instructions, for slaughter'' and inserting ``or cares for live poultry in accordance with the instructions of another person''; (3) in each of paragraphs (1) through (9), by striking the semicolon at the end and inserting a period; (4) in paragraph (10)-- (A) by striking ``for the purpose of either slaughtering it or selling it for slaughter by another''; and (B) by striking ``; and'' at the end and inserting a period; and (5) by adding at the end the following: ``(15) Formula price.-- ``(A) In general.--The term `formula price' means any price term that establishes a base from which a purchase price is calculated on the basis of a price that will not be determined or reported until a date that is after the date on which the forward price is established. ``(B) Exclusion.--The term `formula price' does not include-- ``(i) any price term that establishes a base from which a purchase price is calculated on the basis of a futures market price; or ``(ii) any adjustment to the base for quality, grade, or other factors relating to the value of livestock or livestock products that are readily verifiable market factors and are outside the control of the packer. ``(16) Forward contract.--The term `forward contract' means an oral or written contract for the purchase of livestock that provides for the delivery of the livestock to a packer at a date that is more than 7 days after the date on which the contract is entered into, without regard to whether the contract is for-- ``(A) a specified lot of livestock; or ``(B) a specified number of livestock over a certain period of time.''. SEC. 202. UNLAWFUL PRACTICES. (a) In General.--Section 202 of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is amended-- (1) by redesignating subsections (a) through (f) and (g) as paragraphs (1) through (6) and (10), respectively, and indenting appropriately; (2) by striking the section designation and all that follows through ``It shall be'' in the matter preceding paragraph (1) (as so redesignated) and inserting the following: ``SEC. 202. UNLAWFUL ACTS. ``(a) In General.--It shall be''; (3) in subsection (a)-- (A) in the matter preceding paragraph (1) (as so redesignated), by striking ``to:'' and inserting ``to do any of the following:''; (B) in each of paragraphs (1) through (6) (as so redesignated), by striking ``; or'' each place it appears and inserting a period; (C) in paragraph (6) (as so redesignated)-- (i) by striking ``(1)'' and inserting ``(A)''; (ii) by striking ``(2)'' and inserting ``(B)''; and (iii) by striking ``(3)'' and inserting ``(C)''; (D) by inserting after paragraph (6) the following: ``(7) Use, in effectuating any sale of livestock, a forward contract that-- ``(A) does not contain a firm base price that may be equated to a fixed dollar amount on the date on which the forward contract is entered into; ``(B) is not offered for bid in an open, public manner under which-- ``(i) buyers and sellers have the opportunity to participate in the bid; ``(ii) more than 1 blind bid is solicited; and ``(iii) buyers and sellers may witness bids that are made and accepted; ``(C) is based on a formula price; or ``(D) provides for the sale of livestock in a quantity in excess of-- ``(i) in the case of cattle, 40 cattle; ``(ii) in the case of swine, 30 swine; and ``(iii) in the case of another type of livestock, a comparable quantity of that type of livestock, as determined by the Secretary. ``(8) Own or feed livestock directly, through a subsidiary, or through an arrangement that gives a packer operational, managerial, or supervisory control over the livestock, or over the farming operation that produces the livestock, to such an extent that the producer of the livestock is not materially participating in the management of the operation with respect to the production of the livestock, except that this paragraph shall not apply to-- ``(A) an arrangement entered into not more than 7 business days before slaughter of the livestock by a packer, a person acting through the packer, or a person that directly or indirectly controls, or is controlled by or under common control with, the packer; ``(B) a cooperative or entity owned by a cooperative, if a majority of the ownership interest in the cooperative is held by active cooperative members that-- ``(i) own, feed, or control the livestock; and ``(ii) provide the livestock to the cooperative for slaughter; ``(C) a packer that is not required to report to the Secretary on each reporting day (as defined in section 212 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635a)) information on the price and quantity of livestock purchased by the packer; or ``(D) a packer that owns only 1 livestock processing plant. ``(9) Take any action that adversely affects or is likely to adversely affect competition, regardless of whether there is a business justification for the action.''; and (E) in paragraph (10) (as so redesignated), by striking ``subdivision (a), (b), (c), (d), or (e)'' and inserting ``paragraphs (1) through (9)''; and (4) by adding at the end the following: ``(b) Unfair, Discriminatory, and Deceptive Practices and Devices.--Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(1) include the following: ``(1) Refusal to provide, on the request of a livestock producer, swine production contract grower, or poultry grower with which the packer, swine contractor, or live poultry dealer has a marketing or delivery contract, the relevant statistical information and data used to determine the compensation paid to the livestock producer, swine production contract grower, or poultry grower, as applicable, under the contract, including-- ``(A) feed conversion rates by house, lot, or pen; ``(B) feed analysis; ``(C) breeder history; ``(D) quality grade; ``(E) yield grade; and ``(F) delivery volume for any certified branding program (such as programs for angus beef or certified grassfed or Berkshire pork). ``(2) Conduct or action that limits or attempts to limit by contract the legal rights and remedies of a livestock producer, swine production contract grower, or poultry grower, including the right-- ``(A) to a trial by jury, unless the livestock producer, swine production contract grower, or poultry grower, as applicable, is voluntarily bound by an arbitration provision in a contract; ``(B) to pursue all damages available under applicable law; and ``(C) to seek an award of attorneys' fees, if available under applicable law. ``(3) Termination of a poultry growing arrangement or swine production contract with no basis other than an allegation that the poultry grower or swine production contract grower failed to comply with an applicable law, rule, or regulation. ``(4) A representation, omission, or practice that is likely to mislead a livestock producer, swine production contract grower, or poultry grower regarding a material condition or term in a contract or business transaction. ``(c) Undue or Unreasonable Preferences, Advantages, Prejudices, and Disadvantages.-- ``(1) In general.--Acts by a packer, swine contractor, or live poultry dealer that violate subsection (a)(2) include the following: ``(A) A retaliatory action (including coercion or intimidation) or the threat of retaliatory action-- ``(i) in connection with the execution, termination, extension, or renewal of a contract or agreement with a livestock producer, swine production contract grower, or poultry grower aimed to discourage the exercise of the rights of the livestock producer, swine production contract grower, or poultry grower under this Act or any other law; and ``(ii) in response to lawful communication (including as described in paragraph (2)), association, or assertion of rights by a livestock producer, swine production contract grower, or poultry grower. ``(B) Use of the tournament system for poultry as described in paragraph (3). ``(2) Lawful communication described.--A lawful communication referred to in paragraph (1)(A)(ii) includes-- ``(A) a communication with officials of a Federal agency or Members of Congress; ``(B) any lawful disclosure that demonstrates a reasonable belief of a violation of this Act or any other law; and ``(C) any other communication that assists in carrying out the purposes of this Act. ``(3) Use of tournament system for poultry.-- ``(A) In general.--Subject to subparagraph (B), a live poultry dealer shall be in violation of subsection (a)(2) if the live poultry dealer determines the formula for calculating the pay of a poultry grower in a tournament group by comparing the performance of the birds of other poultry growers in the group using factors outside the control of the poultry grower and within the control of the live poultry dealer. ``(B) Exception.--Under subparagraph (A), a live poultry dealer shall not be found in violation of subsection (a)(2) if the live poultry dealer demonstrates through clear and convincing evidence that the inputs and services described in subparagraph (C) that were used in the comparative evaluation were substantially the same in quality, quantity, and timing, as applicable, for all poultry growers in the tournament group. ``(C) Inputs and services described.--The inputs and services referred to in subparagraph (B) include, with respect to poultry growers in the same tournament group-- ``(i) the quantity, breed, sex, and age of chicks delivered to each poultry grower; ``(ii) the breed and age of the breeder flock from which chicks are drawn for each poultry grower; ``(iii) the quality, type (such as starter feed), and quantity of feed delivered to each poultry grower; ``(iv) the quality of and access to medications for the birds of each poultry grower; ``(v) the number of birds in a flock delivered to each poultry grower; ``(vi) the timing of the pick-up of birds for processing (including the age of the birds and the number of days that the birds are in the care of the poultry grower) for each poultry grower; ``(vii) the death loss of birds during pick-up, transport, and time spent at the processing plant for each poultry grower; ``(viii) condemnations of parts of birds due to actions in processing for each poultry grower; ``(ix) condemnations of whole birds due to the fault of the poultry grower; ``(x) the death loss of birds due to the fault of the poultry grower; ``(xi) the stated reasons for the cause of the death losses and condemnations described in clauses (vii) through (x); ``(xii) the type and classification of each poultry grower; and ``(xiii) any other input or service that may have an impact on feed conversion to weight gain efficiency or the life span of the birds of each poultry grower. ``(d) Harm to Competition Not Required.--In determining whether an act, device, or conduct is a violation under paragraph (1) or (2) of subsection (a), a finding that the act, device, or conduct adversely affected or is likely to adversely affect competition is not required.''. (b) Effective Date.-- (1) In general.--Subject to paragraph (2), paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192) (as designated by subsection (a)(2)), shall take effect on the date of enactment of this Act. (2) Transition rules.--In the case of a packer that, on the date of enactment of this Act, owns, feeds, or controls livestock intended for slaughter in violation of paragraph (8) of section 202(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 192) (as designated by subsection (a)(2)), that paragraph shall take effect-- (A) in the case of a packer of swine, beginning on the date that is 18 months after the date of enactment of this Act; and (B) in the case of a packer of any other type of livestock, beginning not later than 180 days after the date of enactment of this Act, as determined by the Secretary. SEC. 203. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. The Packers and Stockyards Act, 1921, is amended by inserting after section 202 (7 U.S.C. 192) the following: ``SEC. 202A. SPOT MARKET PURCHASES OF LIVESTOCK BY PACKERS. ``(a) Definitions.--In this section: ``(1) Covered packer.-- ``(A) In general.--The term `covered packer' means a packer that is required under subtitle B of the Agricultural Marketing Act of 1946 (7 U.S.C. 1635 et seq.) to report to the Secretary each reporting day information on the price and quantity of livestock purchased by the packer. ``(B) Exclusion.--The term `covered packer' does not include a packer that owns only 1 livestock processing plant. ``(2) Nonaffiliated producer.--The term `nonaffiliated producer' means a producer of livestock-- ``(A) that sells livestock to a packer; ``(B) that has less than 1 percent equity interest in the packer; ``(C) that has no officers, directors, employees, or owners that are officers, directors, employees, or owners of the packer; ``(D) that has no fiduciary responsibility to the packer; and ``(E) in which the packer has no equity interest. ``(3) Spot market sale.-- ``(A) In general.--The term `spot market sale' means a purchase and sale of livestock by a packer from a producer-- ``(i) under an agreement that specifies a firm base price that may be equated with a fixed dollar amount on the date the agreement is entered into; ``(ii) under which the livestock are slaughtered not more than 7 days after the date on which the agreement is entered into; and ``(iii) under circumstances in which a reasonable competitive bidding opportunity exists on the date on which the agreement is entered into. ``(B) Reasonable competitive bidding opportunity.-- For the purposes of subparagraph (A)(iii), a reasonable competitive bidding opportunity shall be considered to exist if-- ``(i) no written or oral agreement precludes the producer from soliciting or receiving bids from other packers; and ``(ii) no circumstance, custom, or practice exists that-- ``(I) establishes the existence of an implied contract (as determined in accordance with the Uniform Commercial Code); and ``(II) precludes the producer from soliciting or receiving bids from other packers. ``(b) General Rule.--Of the quantity of livestock that is slaughtered by a covered packer during each reporting day in each plant, the covered packer shall slaughter not less than the applicable percentage specified in subsection (c) of the quantity through spot market sales from nonaffiliated producers. ``(c) Applicable Percentages.-- ``(1) In general.--Except as provided in paragraph (2), the applicable percentage shall be 50 percent. ``(2) Exceptions.--In the case of a covered packer that reported to the Secretary in the 2020 annual report that more than 60 percent of the livestock of the covered packer were committed procurement livestock, the applicable percentage shall be the greater of-- ``(A) the difference between the percentage of committed procurement so reported and 100 percent; and ``(B)(i) during each of calendar years 2023 and 2024, 20 percent; ``(ii) during each of calendar years 2025 and 2026, 30 percent; and ``(iii) during calendar year 2027 and each calendar year thereafter, 50 percent. ``(d) Nonpreemption.--This section does not preempt any requirement of a State or political subdivision of a State that requires a covered packer to purchase on the spot market a greater percentage of the livestock purchased by the covered packer than is required under this section.''. SEC. 204. INVESTIGATION OF LIVE POULTRY DEALERS. (a) Administrative Enforcement Authority Over Live Poultry Dealers.--Sections 203, 204, and 205 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193, 194, 195), are amended by inserting ``, live poultry dealer,'' after ``packer'' each place it appears. (b) Authority To Request Temporary Injunction or Restraining Order.--Section 408(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 228a(a)), is amended by inserting ``or poultry care'' after ``on account of poultry''. (c) Violations by Live Poultry Dealers.--Section 411 of the Packers and Stockyards Act, 1921 (7 U.S.C. 228b-2), is amended-- (1) in subsection (a), in the first sentence, by striking ``any provision of section 207 or section 410 of''; and (2) in subsection (b), in the first sentence, by striking ``any provisions of section 207 or section 410'' and inserting ``any provision''. SEC. 205. AWARD OF ATTORNEY FEES. Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194), is amended by adding at the end the following: ``(i) Attorney's Fee.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this section.''. SEC. 206. TECHNICAL AMENDMENTS. (a) Section 203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193), is amended-- (1) in subsection (a), in the first sentence-- (A) by striking ``he shall cause'' and inserting ``the Secretary shall cause''; and (B) by striking ``his charges'' and inserting ``the charges''; (2) in subsection (b), in the first sentence, by striking ``he shall make a report in writing in which he shall state his findings'' and inserting ``the Secretary shall make a report in writing in which the Secretary shall state the findings of the Secretary''; and (3) in subsection (c), by striking ``he'' and inserting ``the Secretary''. (b) Section 204 of the Packers and Stockyards Act, 1921 (7 U.S.C. 194), is amended-- (1) in subsection (a), by striking ``he has his'' and inserting ``the packer, live poultry dealer, or swine contractor has the''; (2) in subsection (c), by striking ``his officers, directors, agents, and employees'' and inserting ``the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer''; (3) in subsection (f), in the second sentence-- (A) by striking ``his findings'' and inserting ``the findings of the Secretary''; and (B) by striking ``he'' and inserting ``the Secretary''; and (4) in subsection (g), by striking ``his officers, directors, agents, and employees'' and inserting ``the officers, directors, agents, and employees of the packer, live poultry dealer, or swine packer''. TITLE III--LABELING OF MEAT AND DAIRY PRODUCTS SEC. 301. RESTORATION OF MANDATORY COUNTRY OF ORIGIN LABELING FOR BEEF AND PORK; INCLUSION OF DAIRY PRODUCTS. (a) Definitions.--Section 281 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638) is amended-- (1) by redesignating paragraphs (1), (2) through (5), (6), and (7) as paragraphs (2), (4) through (7), (9), and (10), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following: ``(1) Beef.--The term `beef' means meat produced from cattle (including veal).''; (3) in paragraph (2) (as so redesignated)-- (A) in subparagraph (A)-- (i) in clause (i), by striking ``lamb'' and inserting ``beef, lamb, pork,''; (ii) in clause (ii), by striking ``ground lamb'' and inserting ``ground beef, ground lamb, ground pork,''; (iii) in clause (x), by striking ``and'' at the end; (iv) in clause (xi), by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following: ``(xii) dairy products.''; and (B) in subparagraph (B), by inserting ``(other than clause (xii) of that subparagraph)'' after ``subparagraph (A)''; (4) by inserting after paragraph (2) (as so redesignated) the following: ``(3) Dairy product.--The term `dairy product' means-- ``(A) fluid milk; ``(B) cheese, including cottage cheese and cream cheese; ``(C) yogurt; ``(D) ice cream; ``(E) butter; and ``(F) any other dairy product.''; and (5) by inserting after paragraph (7) (as so redesignated) the following: ``(8) Pork.--The term `pork' means meat produced from hogs.''. (b) Notice of Country of Origin.--Section 282(a) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638a(a)) is amended by adding at the end the following: ``(5) Designation of country of origin for dairy products.-- ``(A) In general.--A retailer of a covered commodity that is a dairy product shall designate the origin of the covered commodity as-- ``(i) each country in which or from which the 1 or more dairy ingredients or dairy components of the covered commodity were produced, originated, or sourced; and ``(ii) each country in which the covered commodity was processed. ``(B) State, region, locality of the united states.--With respect to a covered commodity that is a dairy product produced exclusively in the United States, designation by a retailer of the State, region, or locality of the United States where the covered commodity was produced shall be sufficient to identify the United States as the country of origin.''. SEC. 302. TRUTH IN LABELING FOR MEAT AND MEAT FOOD PRODUCTS. Section 7 of the Federal Meat Inspection Act (21 U.S.C. 607) is amended by adding at the end the following: ``(g) Product of the United States.--The label of a meat or meat food product may bear the phrase `Product of U.S.A.', or any substantially similar word or phrase, only if the meat or meat food product is exclusively derived from 1 or more animals exclusively born, raised, and slaughtered in the United States.''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S272
Industrial Agriculture Accountability Act of 2023
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 272 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 272 To establish the Office of High-Risk AFO Disaster Mitigation and Enforcement in the Department of Agriculture, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 2, 2023 Mr. Booker (for himself, Ms. Warren, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To establish the Office of High-Risk AFO Disaster Mitigation and Enforcement in the Department of Agriculture, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Industrial Agriculture Accountability Act of 2023''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definition of Secretary. Sec. 3. Findings. TITLE I--HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT Sec. 101. Definitions. Subtitle A--Department of Agriculture Sec. 111. Office of High-Risk AFO Disaster Mitigation and Enforcement. Sec. 112. Registration of high-risk AFOs. Sec. 113. Covered industrial operator responsibilities and liabilities. Sec. 114. Restriction on certain methods of depopulation. Sec. 115. Reports. Sec. 116. Civil actions. Subtitle B--Department of Labor Sec. 121. Definitions. Sec. 122. Minimum labor standards for covered workers and affected contract growers. Sec. 123. Prohibition on the use of incarcerated workers. TITLE II--GRANT AND PILOT PROGRAMS Sec. 201. Definitions. Sec. 202. Controlled-atmosphere stunning transition program. Sec. 203. Pilot program for increased accessibility to inspection and technical assistance for eligible processing facilities. TITLE III--HUMANE HANDLING REFORMS Subtitle A--Transport Sec. 311. Transportation of livestock and poultry. Sec. 312. Higher-welfare transport research funding. Subtitle B--Nonambulatory Livestock Sec. 321. Unlawful slaughter practices involving nonambulatory livestock. Sec. 322. Unlawful use of drugs contributing to nonambulatory conditions. Sec. 323. Inclusion of poultry in Humane Methods of Slaughter Act. Subtitle C--Inspections Sec. 331. Definitions. Sec. 332. Ending dangerous higher-speed slaughter and self-inspection systems. Sec. 333. Funding for additional OSHA inspectors. Sec. 334. Funding for additional FSIS inspectors. SEC. 2. DEFINITION OF SECRETARY. In this Act, the term ``Secretary'' means the Secretary of Agriculture. SEC. 3. FINDINGS. Congress finds that-- (1) factory farms owned or controlled by industrial operators-- (A) lack systemic resilience; (B) present significant risks, particularly in the event of a disaster; and (C) negatively impact-- (i) farmed animals, who suffer tremendously from cruel depopulation methods and without meaningful disaster mitigation efforts; (ii) meat and poultry processing workers, who are subjected to exploitative conditions and abusive behavior by employers in depopulation situations-- (I) including-- (aa) being required to spend long hours, over days or weeks, mass-killing farmed animals; and (bb) being terminated following the completion of a depopulation event, without financial support; and (II) that lead to long-term psychological impacts, including increased feelings of anger and stress; and (iii) neighboring communities and the environment, including through-- (I) flood waters overrunning manure lagoons resulting in ecological degradation in the form of soil, surface, and groundwater contamination; (II) algae blooms; and (III) wildlife population crashes; (2)(A) since 2019, more than 60,000,000 poultry and 10,000,000 swine have been depopulated; and (B) those massive cullings are often conducted using incredibly inhumane practices including ventilation shutdown, ventilation shutdown plus, sodium nitrite poisoning, and water- based foaming (as those terms are defined in section 114(a)); (3) since 2019, industrial operators put slaughterhouse workers in jeopardy and cost taxpayers millions of dollars; (4) industrial operators continue to experience record profits, including a 300-percent growth in profits during the COVID-19 pandemic; (5) industrial operators have created a system that allows for the inhumane handling of nonambulatory livestock (as defined in section 3(a) of Public Law 85-765 (commonly known as the ``Humane Methods of Slaughter Act of 1958'')) that causes needless suffering, unsafe working conditions, and the spread of foodborne and zoonotic diseases; (6) industrial operators have abused the use of certain drugs that increase the risk of livestock becoming nonambulatory livestock (as so defined); (7) slaughterhouse deregulation and decreased Federal oversight of meat and poultry slaughter pose significant risks to workers, consumers, and animals; (8) Federal humane slaughter laws currently exempt 98 percent of animals slaughtered for food; (9) current Federal animal transport laws are ineffective and inherently cruel; and (10) Federal support is needed to create a level playing field for farmers engaged in higher-welfare practices who are struggling to compete in a highly monopolized market controlled by industrial operators. TITLE I--HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT SEC. 101. DEFINITIONS. In this title: (1) Animal feeding operation; afo.-- (A) In general.--The term ``animal feeding operation'' or ``AFO'' means a single lot or facility at which-- (i) for not less than a total of 45 days in any 12-month period, animals (other than aquatic animals) are-- (I) stabled or confined; and (II) fed or maintained; and (ii) crops, vegetation, forage growth, or postharvest residues are not sustained in the normal growing season over any portion of the lot or facility. (B) Multiple lots.--For purposes of subparagraph (A), 2 or more lots or facilities described in that subparagraph shall be considered to be a single animal feeding operation if the lots or facilities-- (i) are located within 3 miles of each other; and (ii) are under common ownership or control. (C) Exclusion.--The term ``animal feeding operation'' or ``AFO'' does not include a pasture-based livestock or poultry production system in which animals-- (i) are primarily raised on pasture, grassland, or other vegetative environments; (ii) have the ability to exercise species- specific natural behaviors; and (iii) have access to appropriate shelter, healthy vegetation, potable water, and adequate protection from predators. (2) Covered industrial operator.--The term ``covered industrial operator'' means an individual or entity that owns or controls not less than the following number of livestock or poultry, as applicable, that are housed in an AFO at a single point in time: (A) 2,500 swine. (B) 30,000 turkeys or ducks. (C) 82,000 laying hens or broilers. (3) Depopulation.--The term ``depopulation'' means the rapid destruction of a population of animals in response to urgent circumstances. (4) Disaster event.--The term ``disaster event'' means-- (A) a public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); (B) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); (C) a disaster designated by the Secretary pursuant to part 759 of title 7, Code of Federal Regulations (or successor regulations); and (D) a quarantine designated by the Secretary pursuant to the Plant Protection Act (7 U.S.C. 7701 et seq.) or animal quarantine laws. (5) High-risk afo.--The term ``high-risk AFO'' means an AFO that houses livestock or poultry owned or controlled by a covered industrial operator. (6) Office.--The term ``Office'' means the Office of High- Risk AFO Disaster Mitigation and Enforcement established under section 111. Subtitle A--Department of Agriculture SEC. 111. OFFICE OF HIGH-RISK AFO DISASTER MITIGATION AND ENFORCEMENT. The Secretary shall establish an office within the Department of Agriculture, to be known as the ``Office of High-Risk AFO Disaster Mitigation and Enforcement'', which shall carry out or enforce, as applicable, sections 112 through 115. SEC. 112. REGISTRATION OF HIGH-RISK AFOS. (a) Registration Requirement.-- (1) In general.--A covered industrial operator shall be required to register with the Office prior to selling, buying, or transferring livestock, poultry, or any product derived from livestock or poultry across State lines. (2) Information.--In registering with the Office under paragraph (1), a covered industrial operator shall submit to the Office-- (A) identifying information about the covered industrial operator, including the location, animal type, and peak inventory animal totals for all high- risk AFOs owned or controlled by the covered industrial operator; and (B) a standard disaster mitigation plan that includes-- (i) a description of the type, location, and extent of all potential disaster events that can affect livestock or poultry housed in a high-risk AFO, including information on previous occurrences of disaster events and the probability of future disaster events; (ii) a plan to ensure that animals do not go without necessary resources such as shelter, food, and water during an extreme weather event; (iii) a plan to increase flexibility and resiliency, including-- (I) identifying ways to house animals past their intended slaughter date; and (II) alternative slaughter and processing arrangements, including contracting with small-scale Department of Agriculture, State-certified, or mobile operations with existing capacity, in the event of supply chain disruptions; (iv) a plan for accessing necessary resources, personal protective equipment, and labor to carry out depopulation in ways that most rapidly render animals unconscious in the event that depopulation is unavoidable; (v) a plan for disposal of any deceased animals that-- (I) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (II) does not rely on unlined burial or onsite incineration; and (vi) other information, as determined appropriate by the Secretary. (3) Annual submission.--A covered industrial operator that is registered with the Office pursuant to this subsection shall submit to the Office the information described in paragraph (2) on an annual basis. (4) Restricted funds for plan.--A covered industrial operator shall not, in developing a standard disaster mitigation plan described in paragraph (2)(B), use any Federal funds, including funds provided under the environmental quality incentive program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.). (b) Disaster Mitigation Maintenance Fee.-- (1) In general.--A covered industrial operator registered under subsection (a) shall pay to the Office an annual fee by January 15 of each year for each high-risk AFO owned or controlled by the covered industrial operator. (2) Total amount of fees.--The amount of the fee required under paragraph (1)-- (A) shall be determined by the Secretary in a manner that will ensure that the total amount of fees collected for each fiscal year shall sufficiently fund the activities of the Office for that fiscal year; but (B) shall not be less than $1 per animal unit (as defined by the Administrator of the Environmental Protection Agency) for each fiscal year. (3) Restriction.--A covered industrial operator may not reduce wages or grower payments in order to derive the amount of the fee required under paragraph (1). (c) High-Risk AFO Disaster Mitigation and Enforcement Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``High-Risk AFO Disaster Mitigation and Enforcement Fund'' (referred to in this subsection as the ``Fund''). (2) Source; use.--All moneys derived from fees collected by the Office under subsection (b) shall be deposited in the Fund and made available to the Secretary, without fiscal year limitation, to offset costs relating to-- (A) the administrative costs associated with operating the Office and technical assistance offered by staff of the Office; (B) creating the national stockpile pursuant to section 114(c)(2); (C) enforcement actions against covered industrial operators that do not comply with this subtitle; and (D) any other activities determined by the Secretary. SEC. 113. COVERED INDUSTRIAL OPERATOR RESPONSIBILITIES AND LIABILITIES. A covered industrial operator shall be responsible and liable for, with respect to each high-risk AFO owned or controlled by the covered industrial operator, all costs associated with activities related to disaster events or depopulation of livestock or poultry, including-- (1) procuring resources for depopulation of livestock or poultry, including from the national stockpile described in section 114(c)(2); (2) disposal of deceased animals that-- (A) satisfies requirements under all relevant Federal, State, and local environmental and public health laws; and (B) does not rely on unlined burial or onsite incineration; (3) compensation for contract growers and workers, as provided in subtitle B; (4) compensation for any adverse health impacts, property value diminution, and loss of use and enjoyment of property suffered by neighboring residents of the high-risk AFO; and (5) other costs determined by the Secretary. SEC. 114. RESTRICTION ON CERTAIN METHODS OF DEPOPULATION. (a) Definitions.--In this section: (1) Restricted practice.--The term ``restricted practice'' means-- (A) sodium nitrite poisoning; (B) ventilation shutdown; (C) ventilation shutdown plus; (D) water-based foaming; and (E) any other method identified by the Secretary. (2) Sodium nitrite poisoning.--The term ``sodium nitrite poisoning'' means a method of animal depopulation that involves feeding the toxic substance sodium nitrite to animals, causing changes to the blood that prevent delivery of oxygen to tissues and result in prolonged respiratory distress prior to loss of consciousness. (3) Ventilation shutdown.--The term ``ventilation shutdown'' means a method of animal depopulation that involves sealing a building in which animals are confined, shutting inlets, and turning off fans in order to raise the temperature in the building until the animals die from hyperthermia or hypoxia, including ventilation shutdown plus. (4) Ventilation shutdown plus.--The term ``ventilation shutdown plus'' means a ventilation shutdown method that involves the use of additional heat or humidity. (5) Water-based foaming.--The term ``water-based foaming'' means a method of animal depopulation that involves pumping foam concentrate combined with water into a building in which animals are confined until the animals die from hypoxia. (b) Restrictions; Civil Penalty.--Notwithstanding any other provision of law, beginning 1 year after the date of enactment of this Act, a covered industrial operator that uses 1 or more restricted practices for any event of depopulation of livestock or poultry on a high-risk AFO owned or controlled by the covered industrial operator, as determined by the Office-- (1) shall not be eligible for any Federal contract for a period of 10 years beginning on that date; (2) shall not be eligible for inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as applicable, for a period of 10 years beginning on that date; and (3) shall be assessed a civil penalty of up to $1,000 per animal per act of depopulation, with consideration given to the appropriateness of the penalty with respect to the gravity of the violation and the good faith of the covered industrial operator. (c) Standards and Resources.--Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule-- (1) to establish depopulation standards that rapidly induce unconsciousness and death with minimal pain and distress; and (2) to coordinate a national stockpile of resources-- (A) to carry out depopulation activities during a disaster event in a way that rapidly induces unconsciousness and death of the animals with minimal pain and distress; and (B) using funds from the High-Risk AFO Disaster Mitigation and Enforcement Fund established by section 112(c)(1). SEC. 115. REPORTS. (a) Reports to Secretary.--Not later than 3 business days after completing any depopulation of any animals, a covered industrial operator performing or requiring such depopulation shall submit to the Secretary a report on that depopulation instance that specifies-- (1) the 1 or more dates on which, and location at which, the depopulation and disposal of the animals occurred; (2) the total number, species, breed, and intended product of the depopulated animals; (3) the depopulation and disposal methods utilized; (4) any monitoring, testing, or sampling protocol put in place to monitor releases of environmental contaminants from the disposal location; (5) a summary of any assets utilized or received from the national stockpile established pursuant to section 114(c)(2), as applicable; (6) documentation of compliance or noncompliance with the standard disaster mitigation plan described in section 112(a)(2)(B) of the covered industrial operator; and (7) the cost associated with the depopulation and disposal, including labor. (b) Publicly Searchable Database.--The Secretary, acting through the Office, shall develop and make publicly available an electronically searchable and sortable online database that contains information-- (1) reported under subsection (a); and (2) submitted by covered industrial operators registering under section 112. SEC. 116. CIVIL ACTIONS. (a) In General.--Any person may-- (1) bring a civil action against a covered industrial operator or the Secretary in an appropriate court to redress any violation of this subtitle or any other law relating to the activities described in this subtitle; and (2) obtain appropriate relief in that civil action, including equitable relief and compensatory damages. (b) Attorney's Fees for Plaintiff.--The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action described in subsection (a). Subtitle B--Department of Labor SEC. 121. DEFINITIONS. In this subtitle: (1) Affected contract grower.--The term ``affected contract grower'' means an owner of an AFO-- (A) that raises livestock or poultry pursuant to a written contract, marketing arrangement, or other arrangement, with a covered industrial operator; and (B) whose AFO is impacted by a disaster mitigation event. (2) Affected contractor.--The term ``affected contractor'' means an individual or entity that supplies, either with or without a contract, a covered industrial operator with a worker to perform labor directly or indirectly related to a disaster mitigation event. (3) Covered worker.-- (A) In general.--The term ``covered worker''-- (i) means an employee who performs labor in connection with a disaster mitigation event for a covered industrial operator; and (ii) includes any employee of an affected contract grower, or of another affected contractor, of a covered industrial operator. (B) Additional terms.--In this paragraph, the term ``employee'' means an individual performing any labor for a covered industrial operator, including through an affected contract grower or other affected contractor, unless-- (i) the individual is free from control and direction in connection with the performance of the labor, both under the contract for the performance of labor and in fact; (ii) the labor is performed outside the usual course of the business of the covered industrial operator; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the labor performed. (4) Disaster mitigation event.--The term ``disaster mitigation event'' means a disaster event affecting a covered industrial operator that triggers activities described in the disaster mitigation plan submitted by the covered industrial operator under section 112(a)(2)(B). SEC. 122. MINIMUM LABOR STANDARDS FOR COVERED WORKERS AND AFFECTED CONTRACT GROWERS. (a) Applicability.--A covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b). (b) Labor Standards.--The labor standards described in this subsection are the following: (1) Whistleblower protections.--A covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower-- (A) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section; or (B) has testified or is about to testify in any such proceeding. (2) Health insurance requirement.--During a disaster mitigation event and for a period of not less than 2 years following the disaster mitigation event, the covered industrial operator shall offer each covered worker and affected contract grower of the covered industrial operator a health plan that provides coverage that is at least equivalent to coverage provided by an essential health benefits package (as defined in subsection (a) of section 1302 of the Patient Protection and Affordable Care Act (42 U.S.C. 18022)) at the silver level of coverage (as defined in subsection (d)(1)(B) of such section), regardless of their employment status or contract with the covered industrial operator. Such covered industrial operator shall pay the full premium amount for such health plan for each such covered worker or affected contract grower who elects to enroll in such plan. (3) Severance pay for covered workers.--In the case of a disaster mitigation event, the covered industrial operator shall provide any covered worker terminated by the covered industrial operator, or by an affected contract grower or other affected contractor of the covered industrial operator impacted by the disaster mitigation event, during the 60-day period following the disaster mitigation event with 12 weeks of severance pay, at a weekly rate equal to the average weekly earnings of the covered worker during the disaster mitigation event. (4) Lost revenue for affected contract growers.--In any case in which a covered industrial operator terminates the contract of an affected contract grower following a disaster mitigation event, the covered industrial operator shall provide an amount of lost revenue to the affected contract grower equal to the affected contract grower's revenue from the covered operator during the preceding 180 days. (c) Enforcement by the Secretary of Labor.-- (1) General authority.--The Secretary of Labor shall receive, investigate, and attempt to resolve complaints of violations of this section in the same manner that the Secretary of Labor receives, investigates, and attempts to resolve complaints of violations of sections 6, 7, and 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206, 207, and 215(a)(3)), including such Secretary's authority to supervise payment of wages and compensation under section 16(c) of such Act (29 U.S.C. 216(c)). (2) Civil penalties.--The Secretary of Labor may assess a civil penalty against a covered industrial operator that violates any provision of this section. (3) Monitoring compliance.--Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall-- (A) develop a process to monitor compliance with the standards under this section that requires covered industrial operators to provide information to demonstrate such compliance; and (B) issue rules to determine penalties for noncompliance with this section. (4) Notification of office.--The Secretary of Labor shall notify the Office of any covered industrial operator that is determined to be noncompliant with the requirements of this section. (d) Right of Action for Violations.-- (1) Private right of action for violations.--An action to recover damages or obtain relief prescribed in paragraph (2) may be maintained against any covered industrial operator in any Federal or State court of competent jurisdiction by 1 or more covered workers or affected contract growers for and on behalf of themselves and other similarly situated covered workers or affected contract growers. (2) Liability.-- (A) In general.--A covered industrial operator who violates this section shall be liable to each covered worker or affected contract grower that is aggrieved by the violation for-- (i) damages in the amount of unpaid wages, salary, overtime compensation, or other compensation denied or lost by reason of the violation; and (ii) an additional equal amount as liquidated damages. (B) Attorney's fees and costs.--In a civil action brought under paragraph (1) in which the plaintiff prevails, the court shall award the plaintiff reasonable attorney's fees and costs of the action. (3) Enforcement by the secretary of labor.--The Secretary of Labor may bring an action in any court of competent jurisdiction to recover damages or obtain relief described in paragraph (2) on behalf of a covered worker or affected contract grower aggrieved by a violation of this section. SEC. 123. PROHIBITION ON THE USE OF INCARCERATED WORKERS. Notwithstanding any other provision of law, a covered industrial operator that the Secretary of Labor determines entered into a contract, on or after the date of enactment of this Act, with any entity to utilize incarcerated workers to perform labor related to a disaster mitigation event shall not be eligible for-- (1) any Federal contracts for a period of 10 years beginning on the date of the determination; and (2) inspection of any facility owned or controlled by the covered industrial operator pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as applicable, for a period of 10 years beginning on that date. TITLE II--GRANT AND PILOT PROGRAMS SEC. 201. DEFINITIONS. In this title: (1) Controlled-atmosphere stunning.--The term ``controlled- atmosphere stunning'' means rendering poultry unconscious through exposure to a mixture of gas (nitrogen and argon or concentrations of carbon dioxide) before slaughter. (2) Eligible processing facility.--The term ``eligible processing facility'' means an eligible facility described in section 764 of division N of the Consolidated Appropriations Act, 2021 (21 U.S.C. 473), that has a labor peace agreement in place. (3) Labor peace agreement.--The term ``labor peace agreement'' means an agreement-- (A) between an employer and a labor organization that represents, or is actively seeking to represent as of the date on which the labor peace agreement is entered, the employees of the employer; and (B) under which such employer and such labor organization agree that-- (i) the employer will not-- (I) hinder any effort of an employee to join a labor organization; or (II) take any action that directly or indirectly indicates or implies any opposition to an employee joining a labor organization; (ii) the labor organization will refrain from picketing, work stoppages, or boycotts against the employer; (iii) the employer will-- (I) provide the labor organization with employee contact information; and (II) facilitate or permit labor organization access to employees at the workplace, including facilitating or permitting the labor organization to meet with employees to discuss joining the labor organization; and (iv) the employer will, upon the request of the labor organization, recognize the labor organization as the bargaining representative of the employees if a majority of the employees choose the labor organization as their bargaining representative. (4) Live-shackle slaughter.--The term ``live-shackle slaughter'' means the method of stunning poultry before slaughter by shackling the poultry upside down by their legs and moving the poultry through electrified baths meant to render the poultry unconscious. SEC. 202. CONTROLLED-ATMOSPHERE STUNNING TRANSITION PROGRAM. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a transition program to award grants to eligible processing facilities that process poultry to transition from live-shackle slaughter to controlled- atmosphere stunning. (b) Eligibility.--As a condition of receipt of a grant under subsection (a), an eligible processing facility shall not, for a period of 10 years following the date of receipt of the grant, sell a slaughter or processing facility to, or merge the slaughter or processing facility with, a packer that owns more than 10 percent of the market share of meat and poultry markets. (c) Funding.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, $750,000,000 to the Secretary to carry out this section. SEC. 203. PILOT PROGRAM FOR INCREASED ACCESSIBILITY TO INSPECTION AND TECHNICAL ASSISTANCE FOR ELIGIBLE PROCESSING FACILITIES. (a) In General.--The Secretary shall carry out a 5-year pilot program within the Meat and Poultry Inspection Division of the Food Safety and Inspection Service-- (1) to expand the availability of processing inspectors, technical assistance, and onsite inspection for eligible processing facilities, including no-cost overtime inspections; and (2) to identify and train part-time inspectors and technical assistance providers. (b) Professional Experience.--The Secretary shall determine the appropriate professional experience of inspectors and providers described in subsection (a)(2), which shall include individuals with expertise in veterinary medicine, public health, food service management, and animal science, as applicable. (c) Funding.--There is authorized to be appropriated to the Secretary not less than $50,000,000 to carry out this section. TITLE III--HUMANE HANDLING REFORMS Subtitle A--Transport SEC. 311. TRANSPORTATION OF LIVESTOCK AND POULTRY. (a) Transportation Lasting More Than 8 Hours.-- (1) In general.--Section 80502 of title 49, United States Code, is amended-- (A) in subsection (a)(1), by striking ``a rail carrier'' and all that follows through ``territory or possession,'' and inserting ``a covered provider of transportation''; (B) in subsection (b)-- (i) in paragraph (3), by striking ``subsection (a) of this section'' and inserting ``subsection (b)''; (ii) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and indenting appropriately; (iii) in the matter preceding subparagraph (A) (as so redesignated), in the third sentence-- (I) by striking ``the rail carrier'' and all that follows through ``a vessel'' and inserting ``the covered provider of transportation''; and (II) by striking ``When the animals'' and inserting the following: ``(3) Responsibility of covered provider of transportation.--When the animals''; (iv) in the matter preceding paragraph (3) (as so designated), in the second sentence, by striking ``The owner'' and inserting the following: ``(2) Responsibility of owner or person having custody.-- The owner''; and (v) in the matter preceding paragraph (2) (as so designated), by striking ``Animals being'' and inserting the following: ``(1) In general.--Animals being''; (C) in subsection (d)-- (i) in the second sentence, by striking ``On learning'' and inserting the following: ``(2) Civil action.--On learning''; and (ii) in the first sentence, by striking ``A rail carrier'' and all that follows through ``a vessel'' and inserting the following: ``(1) In general.--A covered provider of transportation''; (D) by redesignating subsections (a) through (d) as subsections (b), (c), (g), and (f), respectively, and moving the subsections so as to appear in alphabetical order; (E) by inserting before subsection (b) (as so redesignated) the following: ``(a) Definitions.--In this section: ``(1) Covered industrial operator.-- ``(A) In general.--The term `covered industrial operator' means an individual or entity that owns or controls a quantity of livestock or poultry that is not less than the quantity described in subparagraph (B) for the applicable livestock or poultry. ``(B) Quantity of livestock or poultry in afos.-- The quantity of livestock or poultry referred to in subparagraph (A) is 1 or more of the following quantities of livestock or poultry housed in 1 or more Animal Feeding Operations at a single point in time: ``(i) 2,500 swine. ``(ii) 30,000 turkeys or ducks. ``(iii) 82,000 laying hens or broilers. ``(2) Covered provider of transportation.-- ``(A) In general.--The term `covered provider of transportation' means an individual or entity described in subparagraph (B) that is transporting animals from a place in a State, the District of Columbia, or a territory or possession of the United States through or to a place in another State, the District of Columbia, or a territory or possession of the United States. ``(B) Individuals and entities described.--An individual or entity referred to in subparagraph (A) is-- ``(i) a rail carrier, express carrier, or common carrier (except by air or water); ``(ii) a receiver, trustee, or lessee of a carrier described in clause (i); or ``(iii) an owner or master of a vessel. ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture.''; and (F) by inserting after subsection (c) (as so redesignated) the following: ``(d) Transportation Lasting More Than 8 Hours.-- ``(1) In general.--In any case in which animals are transported by a covered provider of transportation on behalf of a covered industrial operator for a period lasting, or expected to last, more than 8 consecutive hours, the covered provider of transportation transporting the animals shall ensure that-- ``(A) the means of transport provides adequate protection of the animals from high winds, rain, and snow; ``(B) any livestock or poultry are provided with appropriate bedding or equivalent material that-- ``(i) prevents slipping; ``(ii) ensures a level of comfort appropriate to-- ``(I) the species of the livestock or poultry; ``(II) the number of animals being transported; ``(III) the duration of the period of transportation; and ``(IV) the weather; and ``(iii) provides adequate absorption of urine and feces; ``(C) the animals are not overcrowded during transport, including by complying with the regulations promulgated under paragraph (2); ``(D) the means of transport is equipped with a water supply that ensures that each animal has access to water in a manner and quantity appropriate to the species and size of the animal; ``(E) watering devices on the means of transport are-- ``(i) in good working order; ``(ii) appropriately designed; and ``(iii) positioned appropriately for the species of animal to be watered during transport; and ``(F) the animals are not transported when the temperature within the means of transport cannot be maintained between 40 degrees Fahrenheit and 86 degrees Fahrenheit. ``(2) Rulemaking.-- ``(A) In general.--The Secretary shall promulgate regulations setting species-specific space allowances during periods of transportation lasting more than 8 hours. ``(B) Requirements.--The regulations promulgated under subparagraph (A) shall ensure that each species of animal has enough space-- ``(i) to turn around; ``(ii) to lie down; and ``(iii) to fully extend the limbs of the animal. ``(e) Recordkeeping.-- ``(1) In general.--Each covered industrial operator shall maintain records of all livestock transported by the covered industrial operator. ``(2) Production of records.--A covered industrial operator shall provide the records maintained under paragraph (1) to the Secretary on request.''. (2) Effective date.--The amendments made by paragraph (1) take effect on the date that is 1 year after the date of enactment of this Act. (3) Rulemaking.--Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by paragraph (1). (b) Modification of 28-Hour Rule.-- (1) In general.--Section 80502 of title 49, United States Code (as amended by subsection (a)), is amended-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``(1) Except as provided'' and inserting the following: ``(1) In general.--Except as otherwise provided''; and (II) by striking ``28'' and inserting ``8''; (ii) by striking paragraph (2) and inserting the following: ``(2) Exceptions.-- ``(A) In general.--Animals may be confined for more than 8 hours when the animals cannot be unloaded because of accidental or unavoidable causes that could not have been anticipated or avoided when being careful. ``(B) Sheep.--Sheep may be confined for an additional 8 consecutive hours without being unloaded when the 8-hour period of confinement described in paragraph (1) ends at night.''; and (iii) in paragraph (3), by striking ``(3) Time'' and inserting the following: ``(3) Loading and unloading.--Time''; and (B) by striking subsection (g). (2) Effective date.--The amendments made by paragraph (1) take effect on the date that is 10 years after the date of enactment of this Act. SEC. 312. HIGHER-WELFARE TRANSPORT RESEARCH FUNDING. (a) Definitions.--In this section: (1) Eligible research institution.--The term ``eligible research institution'' means-- (A) an 1862 Institution (as defined in section 2 of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7601)); (B) an 1890 Institution (as defined in that section); (C) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note; Public Law 103-382)); (D) a non-land-grant college of agriculture (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) that has a demonstrable capacity to conduct livestock or poultry research, as determined by the Secretary; (E) Hispanic-serving agricultural colleges and universities (as defined in that section); and (F) a center of excellence recognized under section 1673 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 5926). (2) Higher-welfare transport.--The term ``higher-welfare transport'' means the handling, loading, and transport mechanisms by which livestock and poultry are transported, at any time, which take into account animal welfare and species- specific requirements to ensure that-- (A) animal welfare is maintained throughout transport; and (B) animals are spared unnecessary distress or injury. (b) Grant Program.--The Secretary shall establish a program to provide grants to eligible research institutions to study higher- welfare transport. (c) Applications.--To be eligible for a grant under this section, an eligible research institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Requirements.--In carrying out the program established under subsection (b), the Secretary shall ensure that none of the grant funding may be used to perform any experiment that would not comply with current transport law. (e) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2024 through 2026. Subtitle B--Nonambulatory Livestock SEC. 321. UNLAWFUL SLAUGHTER PRACTICES INVOLVING NONAMBULATORY LIVESTOCK. (a) In General.--Public Law 85-765 (commonly known as the ``Humane Methods of Slaughter Act of 1958'') is amended by inserting after section 2 (7 U.S.C. 1902) the following: ``SEC. 3. NONAMBULATORY LIVESTOCK. ``(a) Definitions.--In this section: ``(1) Covered entity.--The term `covered entity' means-- ``(A) a stockyard; ``(B) a market agency; ``(C) a packer (as defined in section 201 of the Packers and Stockyards Act, 1921 (7 U.S.C. 191)); ``(D) a dealer (as defined in section 301 of the Packers and Stockyards Act, 1921 (7 U.S.C. 201)); ``(E) a slaughter facility; and ``(F) an establishment. ``(2) Establishment.--The term `establishment' means an establishment that is subject to inspection pursuant to the Federal Meat Inspection Act (21 U.S.C. 601 et seq.). ``(3) Humanely euthanize.--The term `humanely euthanize' means to immediately render an animal unconscious by mechanical, chemical, or other means, with the unconscious state remaining until the death of the animal. ``(4) Nonambulatory livestock.--The term `nonambulatory livestock' means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. ``(5) Secretary.--The term `Secretary' means the Secretary of Agriculture. ``(b) Humane Treatment, Handling, and Disposition.--The Secretary shall promulgate regulations to provide for the humane treatment, handling, and disposition of all nonambulatory livestock by covered entities, including requirements for covered entities-- ``(1) to immediately humanely euthanize nonambulatory livestock when the livestock becomes nonambulatory livestock, subject to subsection (c); and ``(2)(A) to have written policies and procedures in place, and proper equipment, relating to the humane handling, euthanization, and disposition of all nonambulatory livestock; ``(B) to maintain records of all nonambulatory livestock; and ``(C) to electronically submit those written policies and procedures and records to the Administrator of the Food Safety and Inspection Service. ``(c) Humane Euthanasia.-- ``(1) In general.--The Secretary shall promulgate regulations specifying-- ``(A) the methods of euthanasia that shall be acceptable for the humane disposition of nonambulatory livestock required under the regulations promulgated under subsection (b); and ``(B) processes for ensuring effective enforcement of the use of those methods. ``(2) Disease testing.--The regulations promulgated under subsection (b) shall not limit the ability of the Secretary to test nonambulatory livestock for a disease. ``(d) Transacting or Processing.--A covered entity shall not-- ``(1) buy or sell a nonambulatory animal; or ``(2) process, butcher, or sell meat or products of nonambulatory livestock. ``(e) Records.--The Administrator of the Food Safety and Inspection Service shall maintain all documents submitted by covered entities pursuant to the regulations under subsection (b).''. (b) Inspection of Nonambulatory Livestock; Labeling.--Section 6 of the Federal Meat Inspection Act (21 U.S.C. 606) is amended by adding at the end the following: ``(c) Inspection of Nonambulatory Livestock; Labeling.-- ``(1) Definition of nonambulatory livestock.--In this subsection, the term `nonambulatory livestock' means any cattle, sheep, swine, goats, or horses, mules, or other equines who cannot stand or walk unassisted. ``(2) Inspection.--It shall be unlawful for an inspector at an establishment subject to inspection under this Act to pass through inspection any nonambulatory livestock or carcass (including parts of a carcass) of nonambulatory livestock. ``(3) Labeling.--An inspector or other employee of an establishment described in paragraph (2) shall label, mark, stamp, or tag as `inspected and condemned' any carcass (including parts of a carcass) of nonambulatory livestock.''. (c) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate final regulations to implement the amendments made by subsections (a) and (b). SEC. 322. UNLAWFUL USE OF DRUGS CONTRIBUTING TO NONAMBULATORY CONDITIONS. The Animal Health Protection Act is amended by inserting after section 10409A (7 U.S.C. 8308a) the following: ``SEC. 10409B. UNLAWFUL USE OF DRUGS ON CERTAIN ANIMALS. ``Any use of a beta-agonist drug, including ractopamine, zilpaterol, and lubabegron, in an animal in the absence of disease, including use for growth promotion or feed efficiency, is prohibited.''. SEC. 323. INCLUSION OF POULTRY IN HUMANE METHODS OF SLAUGHTER ACT. (a) In General.--Public Law 85-765 (commonly known as the ``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.) is amended by adding ``and poultry'' after the term ``livestock'' each place it appears, except as provided in subsection (b). (b) Other Conforming Amendment.--Section 2(a) of Public Law 85-765 (commonly known as the ``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1902) is amended by striking ``and other livestock,'' and inserting ``other livestock, and poultry''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on the date that is 10 years after the date of enactment of this Act. Subtitle C--Inspections SEC. 331. DEFINITIONS. In this subtitle: (1) Covered establishment.--The term ``covered establishment'' means-- (A) an official establishment (as defined in section 301.2 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.); and (B) an official establishment (as defined in section 381.1 of title 9, Code of Federal Regulations (or successor regulations)) that is subject to inspection under the Poultry Products Inspection Act (21 U.S.C. 451 et seq.). (2) Employee.--The term ``employee'' has the meaning given the term in section 3 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652). SEC. 332. ENDING DANGEROUS HIGHER-SPEED SLAUGHTER AND SELF-INSPECTION SYSTEMS. (a) Definition of Covered Program.-- (1) In general.--The term ``covered program'' means any waiver, program, or regulation that-- (A) allows covered establishments to operate at slaughter speeds that exceed existing limits required by regulations of the Department of Agriculture as of the date of enactment of this Act; (B) reduces the number of Federal inspectors in covered establishments; or (C) replaces Federal inspectors at covered establishments with employees of the covered establishments for purposes of inspection. (2) Inclusions.--The term ``covered program'' includes-- (A) the New Swine Slaughter Inspection System described in the final rule entitled ``Modernization of Swine Slaughter Inspection'' (84 Fed. Reg. 52300 (October 1, 2019)); (B) the New Poultry Inspection System described in the final rule entitled ``Modernization of Poultry Slaughter Inspection'' (79 Fed. Reg. 49566 (August 21, 2014)); and (C) any waiver issued under an inspection system described in subparagraph (A) or (B). (b) Termination of Covered Programs.--The Secretary, acting through the Administrator of the Food Safety and Inspection Service, shall terminate or suspend implementation of or conversion to, as applicable, all covered programs. SEC. 333. FUNDING FOR ADDITIONAL OSHA INSPECTORS. There is authorized to be appropriated $60,000,000 for each of fiscal years 2024 through 2033 for the hiring of additional inspectors to carry out inspections under section 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 657) in covered establishments. SEC. 334. FUNDING FOR ADDITIONAL FSIS INSPECTORS. (a) In General.--There is authorized to be appropriated to the Secretary $50,000,000 for each of fiscal years 2024 through 2033 to hire additional full-time equivalent positions within the Food Safety and Inspection Service relating to inspections conducted pursuant to, and the enforcement of, Public Law 85-765 (commonly known as the ``Humane Methods of Slaughter Act of 1958'') (7 U.S.C. 1901 et seq.). (b) Priority for Hiring.--In carrying out subsection (a), priority shall be given to hiring personnel-- (1) to inspect processing facilities (as described by the term ``eligible facility'' in section 764 of division N of the Consolidated Appropriations Act, 2021 (21 U.S.C. 473)); and (2) in regions with the highest number of vacancies within the Food Safety and Inspection Service. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S273
United States Colored Troops Congressional Gold Medal Act
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ] ]
<p><strong>United States Colored Troops Congressional Gold Medal Act</strong></p> <p>This bill provides for the award of a Congressional Gold Medal posthumously to the African Americans who served with Union forces in recognition of their bravery and outstanding service during the Civil War.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 273 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 273 To posthumously award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To posthumously award a Congressional Gold Medal, collectively, to the African Americans who served with Union forces during the Civil War, in recognition of their bravery and outstanding service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Colored Troops Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Since the Colonial Era, African Americans have served the United States in times of war. (2) During the Civil War, approximately 200,000 African- American men served in the Union Army and 19,000 African- American men served in the Union Navy. (3) During the Civil War, African-American women were not allowed to formally enlist as soldiers or sailors, though they served as nurses, cooks, spies, and scouts for the Union Army and the Union Navy. (4) While African-American men served in the Navy since its establishment, there was resistance to enlisting them to take up arms for the Union Army at the start of the Civil War. (5) As the Civil War dragged on, President Lincoln broke from the previous policy of his administration and determined that liberating enslaved persons ``was a military necessity absolutely essential for the salvation of the Union''. (6) The Act entitled ``An Act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes'', approved July 17, 1862 (commonly known as the ``Second Confiscation Act'') (12 Stat. 589; chapter 195), and the Act of July 17, 1862 (commonly known as the ``Military Act of 1862'') (12 Stat. 597; chapter 201), were the first official authorizations to employ African Americans in the Union Army. (7) It was not until January 1, 1863, the effective date of the Emancipation Proclamation issued by President Lincoln, that the Union Army was ordered to receive African-American men. (8) On May 22, 1863, the United States War Department issued General Order Number 143, which established the Bureau of Colored Troops for the recruitment and organization of regiments of the Union Army composed of African-American men, called the United States Colored Troops (referred to in this section as ``USCT''). (9) Leaders such as Frederick Douglass encouraged African Americans to enlist to advance the cause of citizenship. ``Once let the black man get upon his person the brass letters, `U.S.', let him get an eagle on his button, and a musket on his shoulder and bullets in his pocket, there is no power on [E]arth that can deny that he has earned the right to citizenship.'', wrote Douglass. (10) African-American sailors constituted a significant segment of the Union Navy, making up 20 percent of the total enlisted force of the Navy. (11) Although there were rank restrictions on African Americans in the Navy before the Civil War, this policy changed after the establishment of the USCT, when the Union Navy started to compete with the Union Army for enlistment of African Americans. (12) Yet, in practice, most African Americans could not advance beyond lowest ranks of ``boy'' and ``landsman''. (13) African-American soldiers and sailors served with distinction, honor, and bravery amid racial discrimination and adverse circumstances, including the risk of enslavement and torture if captured. (14) Eighteen members of the USCT and 8 African-American sailors were awarded the Medal of Honor, the highest honor in the United States for bravery in combat. (15) For generations after the Civil War, the contributions of African Americans in the Civil War were excluded from historical memory. (16) Public Law No. 102-412 (106 Stat. 2104) authorized the establishment of a memorial on Federal land in the District of Columbia to honor African Americans who served with Union forces during the Civil War. (17) This memorial, featuring a bronze statue of USCT soldiers, an African-American sailor and family, is surrounded by the Wall of Honor, which lists the names of the members of the USCT. (18) The African American Civil War Museum is located in the District of Columbia. (19) Patriots and heroes who rose in service to a Nation that would not fully recognize them, the African Americans who served the Union during the Civil War deserve our recognition for their contributions to the grant of emancipation and citizenship for nearly 4,000,000 enslaved people and the preservation of the Union. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the posthumous presentation, on behalf of Congress, of a gold medal of appropriate design to the African Americans who served with Union forces during the Civil War, collectively, in recognition of their bravery and outstanding service during the Civil War. (b) Design and Striking.--For the purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where the medal shall be available for display as appropriate and made available for research. (2) Sense of congress.--It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at appropriate locations associated with the United States Colored Troops. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. STATUS OF MEDALS. (a) National Medals.--The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. SEC. 6. AUTHORITY TO USE FUND AMOUNTS; PROCEEDS OF SALE. (a) Authority To Use Fund Amounts.--There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Conflicts and wars", "Congressional tributes", "Military history", "Museums, exhibitions, cultural centers", "Racial and ethnic relations", "Smithsonian Institution", "U.S. history" ]
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118S274
Comprehensive Paid Leave for Federal Employees Act
[ [ "S001194", "Sen. Schatz, Brian [D-HI]", "sponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "cosponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ] ]
<p><b>Comprehensive Paid Leave for Federal Employees Act</b></p> <p>This bill provides paid family and medical leave to federal employees. </p> <p>Currently, federal employees are entitled to 12 weeks of administrative leave for one or more of the following reasons: (1) the birth of a child, (2) the adoption or foster care of a child, (3) the care of an immediate family member with a serious health condition, (4) inability to work due to a serious health condition, and (5) exigencies relating to an immediate family member's active duty service in the Armed Forces. However, of these reasons, employees are entitled to paid administrative leave only in connection with the birth, adoption, or foster care of a child (i.e., parental leave).</p> <p>The bill provides 12 weeks of paid administrative leave for any of these reasons, and specifies that this leave is in addition to any annual or sick leave to which employees are entitled.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 274 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 274 To provide paid family and medical leave to Federal employees, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Schatz (for himself, Ms. Warren, Mrs. Gillibrand, Mr. Lujan, Mr. Brown, Ms. Duckworth, Mr. Cardin, Mr. Padilla, Mr. Heinrich, Mr. Van Hollen, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To provide paid family and medical leave to Federal employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Paid Leave for Federal Employees Act''. SEC. 2. PAID FAMILY AND MEDICAL LEAVE FOR FEDERAL EMPLOYEES COVERED BY TITLE 5. Chapter 63 of title 5, United States Code, is amended-- (1) in section 6381, by amending paragraph (1)(B) to read as follows: ``(B) has completed at least 12 months of service-- ``(i) as an employee (as defined in section 2105) of the Government of the United States, including service with the United States Postal Service, the Postal Regulatory Commission, and a nonappropriated fund instrumentality as described in section 2105(c); or ``(ii) on covered active duty as a member of the National Guard or Reserves that interrupts service described in clause (i);''; and (2) in section 6382-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``12 administrative workweeks of leave'' and inserting ``12 administrative work weeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii)''; and (II) in subparagraph (B), by inserting ``and in order to care for such son or daughter'' before the period; (ii) by amending paragraph (2) to read as follows: ``(2)(A) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) shall commence at time of birth or placement of a son or daughter and shall expire at the end of the 12-month period beginning on the date of such birth or placement. ``(B) Notwithstanding subparagraph (A), the entitlement to leave under paragraph (1)(B) in connection with adoption may commence prior to the placement of the son or daughter to be adopted for activities necessary to allow the adoption to proceed.''; and (iii) in paragraph (4)-- (I) by striking ``Subject to subsection (d)(2), during'' and inserting ``During''; and (II) by inserting ``(or 26 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B)(ii))'' after ``26 administrative workweeks of leave''; and (B) in subsection (d)-- (i) in paragraph (1)-- (I) by striking the first sentence; and (II) by striking ``under subchapter I''; and (ii) in paragraph (2)-- (I) in subparagraph (A), by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A) through (E)''; (II) by striking ``parental'' in each instance; (III) in subparagraph (B)(i), by striking ``birth or placement involved'' and inserting ``event giving rise to such leave''; (IV) by amending subparagraph (E) to read as follows: ``(E) Nothing in this paragraph shall be construed to modify the service requirement in section 6381(1)(B).''; (V) in subparagraph (F)(i), by striking ``An employee'' and inserting ``With respect to leave described under subparagraph (A) or (B) of subsection (a)(1), an employee''; and (VI) by adding at the end the following: ``(H) Notwithstanding paragraph (2)(B)(i), with respect to any employee who received paid leave for an event giving rise to such leave under any other provision of law and who becomes subject to this section during the period of eligibility for paid leave under this section with respect to such event, any paid leave for such event provided by this section shall be reduced by the total number of days of paid leave taken by such employee under such other provision of law.''. SEC. 3. CONGRESSIONAL EMPLOYEES UNDER THE CONGRESSIONAL ACCOUNTABILITY ACT OF 1995. Section 202 of the Congressional Accountability Act of 1995 (2 U.S.C. 1312), is amended-- (1) in subsection (a)-- (A) paragraph (1)-- (i) in the second sentence-- (I) by striking ``subsection (a)(1)(A) or (B)'' and inserting ``under any of subparagraphs (A) through (E) of subsection (a)(1)''; and (II) by inserting ``and in the case of leave that includes leave for such an event, the period of leave to which a covered employee is entitled under section 102(a)(1) of such Act shall be 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(2)(B) of this section'' before the period; and (ii) by striking the third sentence and inserting the following: ``For purposes of applying section 102(a)(4) of such Act, in the case of leave that includes leave under any of subparagraphs (A) through (E) of section 102(a)(1) of such Act, a covered employee is entitled, under paragraphs (1) and (3) of section 102(a) of such Act, to a combined total of 26 workweeks of leave plus any additional period of leave used under subsection (d)(2)(B) of this section.''; and (B) in paragraph (2), by amending subparagraph (B) to read as follows: ``(B) except for leave described under section 102(a)(3) of such Act, the term `eligible employee' as used in that Act means a covered employee.''; and (2) in subsection (d)-- (A) in the subsection heading, by striking ``Parental Leave'' and inserting ``Family and Medical Leave''; (B) in paragraph (1), by striking ``subparagraph (A) or (B)'' and inserting ``any of subparagraphs (A) through (E)''; (C) by striking ``parental'' each place the term appears; and (D) in paragraph (2)(A), by striking ``birth or placement involved'' and inserting ``event giving rise to such leave''. SEC. 4. GAO, LIBRARY OF CONGRESS, POSTAL SERVICE, AND POSTAL REGULATORY COMMISSION EMPLOYEES. The Family and Medical Leave Act of 1993 (29 U.S.C. 2612), is amended-- (1) in section 101(2)(E)-- (A) in the subparagraph heading, by inserting ``USPS, and postal regulatory commission'' after ``GAO''; (B) by inserting ``the United States Postal Service, or the Postal Regulatory Commission'' after ``Government Accountability Office''; and (C) by striking ``section 102(a)(1)(A) or (B)'' and inserting ``any of subparagraphs (A) through (E) of section 102(a)(1)''; (2) in section 102(d)(3)-- (A) in the paragraph heading, by inserting ``USPS, and postal regulatory commission'' after ``GAO''; (B) by striking ``the Government Accountability Office'' and inserting ``the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission'' each place the term appears; (C) by striking ``parental'' and inserting ``family and medical'' each place the term appears; (D) in subparagraph (A), by striking ``subparagraph (A) or (B)'' and inserting ``subparagraphs (A) through (E)''; and (E) in subparagraph (B)(i), by striking ``birth or placement involved'' and inserting ``event giving rise to such leave''; and (3) by adding at the end of section 102(a) the following: ``(6) Special rules on period of leave.--With respect to an employee of the Government Accountability Office, the Library of Congress, the United States Postal Service, or the Postal Regulatory Commission-- ``(A) in the case of leave that includes leave under subparagraph (A) through (E) of paragraph (1), the employee shall be entitled to 12 administrative workweeks of leave plus any additional period of leave used under subsection (d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be; ``(B) for the purposes of paragraph (4), the employee is entitled, under paragraphs (1) and (3), to a combined total of 26 workweeks of leave plus, if applicable, any additional period of leave used under subsection (d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the Congressional Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the case may be; and ``(C) the entitlement to leave under paragraph (1)(B) in connection with adoption may commence prior to the placement of the son or daughter to be adopted for activities necessary to allow the adoption to proceed.''. SEC. 5. EMPLOYEES OF THE EXECUTIVE OFFICE OF THE PRESIDENT. Section 412 of title 3, United States Code, is amended-- (1) in subsection (a)(3), by striking ``or (B)'' and inserting ``through (E)''; and (2) in subsection (c), by striking ``or (B)'' and inserting ``through (E)'' each place the term appears. SEC. 6. FAA AND TSA EMPLOYEES. Section 40122(g)(5) of title 49, United States Code, is amended-- (1) in the paragraph heading, by striking ``parental''; and (2) by striking ``parental'' in each instance. SEC. 7. TITLE 38 EMPLOYEES. Not later than 30 days after the date of enactment of this Act, the Secretary of Veterans Affairs shall modify the family and medical leave program provided by operation of section 7425(c) of title 38, United States Code, to conform with this Act and the amendments made by this Act. SEC. 8. DISTRICT OF COLUMBIA COURTS AND DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE. (a) District of Columbia Courts.--Subsection (d) of section 11- 1726, District of Columbia Official Code, is amended to read as follows: ``(d)(1) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial employees of the District of Columbia courts, the Joint Committee shall, notwithstanding any provision of such Act, establish a paid family and medical leave program for the leave described in subparagraphs (A) through (E) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)). ``(2) In developing the terms and conditions for the paid family and medical leave program under paragraph (1), the Joint Committee may be guided by the terms and conditions applicable to the provision of paid family and medical leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.''. (b) District of Columbia Public Defender Service.--Subsection (d) of section 305 of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 21605, D.C. Official Code) is amended to read as follows: ``(d)(1) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to employees of the Service, the Director shall, notwithstanding any provision of such Act, establish a paid family and medical leave program for the leave described in subparagraphs (A) through (E) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)). ``(2) In developing the terms and conditions for the paid family and medical leave program under paragraph (1), the Director may be guided by the terms and conditions applicable to the provision of paid family and medical leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.''. &lt;all&gt; </pre></body></html>
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118S275
Rural Broadband Protection Act of 2023
[ [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "sponsor" ], [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "cosponsor" ] ]
<p><strong>Rural Broadband Protection Act of 2023</strong></p> <p>This bill requires the Federal Communications Commission (FCC) to establish a process to vet applicants for certain funding that supports affordable broadband deployment in high-cost areas, including rural communities.</p> <p>Specifically, the process applies to applicants seeking funding under the high-cost universal service programs that provide competitive awards for broadband deployment.</p> <p>As part of the process, the FCC must require applicants to provide a proposal for deploying the broadband network. The proposal must contain enough detail and documentation for the FCC to ascertain whether the applicant has the technical capabilities to deploy the proposed network and deliver services.</p> <p>The FCC must evaluate proposals against reasonable and well-established technical standards.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 275 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 275 To require the Federal Communications Commission to establish a vetting process for prospective applicants for high-cost universal service program funding. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mrs. Capito (for herself and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To require the Federal Communications Commission to establish a vetting process for prospective applicants for high-cost universal service program funding. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Broadband Protection Act of 2023''. SEC. 2. VETTING PROCESS FOR PROSPECTIVE HIGH-COST UNIVERSAL SERVICE FUND APPLICANTS. (a) Definitions.--In this section-- (1) the term ``Commission'' means the Federal Communications Commission; (2) the term ``covered funding'' means high-cost universal service program funding provided through a competitive award process for the deployment of a broadband-capable network and the provision of supported services over the network; and (3) the term ``new covered funding award'' means an award of covered funding that is made based on an application submitted to the Commission on or after the date on which rules are promulgated under subsection (b). (b) FCC Rulemaking.--Not later than 180 days after the date of enactment of this Act, the Commission shall initiate a rulemaking proceeding to establish a vetting process for applicants for, and other recipients of, a new covered funding award. (c) Contents.--In promulgating rules under subsection (b), the Commission shall provide that-- (1) an applicant for a new covered funding award shall include in the initial application a proposal containing sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical capability, and has a reasonable plan, to deploy the proposed network and deliver services with the relevant performance characteristics defined by the Commission and as pledged by the applicant; (2) the proposal described in paragraph (1) shall include sufficient detail and supporting documentation for the Commission to reasonably ascertain whether the applicant and the technology that the applicant plans to use would have the ability to perform as required given the characteristics of the locations to be served; and (3) the Commission shall evaluate a proposal described in paragraph (1) against reasonable and well-established technical standards, including the technical standards adopted by the Commission in orders of the Commission relating to modernizing the FCC Form 477 Data Program (WC Docket No. 11-10) (or orders of the Commission relating to modernizing any successor collection) for purposes of entities that must report broadband availability coverage. &lt;all&gt; </pre></body></html>
[ "Science, Technology, Communications" ]
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118S276
Upholding the Law at Our Border Act
[ [ "S001217", "Sen. Scott, Rick [R-FL]", "sponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "J000293", "Sen. Johnson, Ron [R-WI]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ] ]
<p><strong>Upholding the Law at Our Border Act</strong></p> <p>This bill requires the Office of Inspector General of the Department of Homeland Security (DHS) to periodically investigate and report on immigration-related issues until there have been fewer than 35,000 apprehensions at the southwest border for three consecutive months.</p> <p>When required, the reports must address certain issues, including (1) the vetting procedures applicable to non-U.S. nationals (<i>aliens</i> under federal law) seeking entry into the United States who were apprehended along the southwest border, (2) the total number of individuals unlawfully present who have been processed and released into the United States, (3) the number of such individuals who have received parole, and (4) an audit of the parole applications.</p> <p>The office must submit such reports (and provide briefings on the reports) to the President, Congress, DHS, and the Department of Justice. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 276 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 276 To require the Inspector General of the Department of Homeland Security to investigate the vetting and processing of illegal aliens apprehended along the southwest border and to ensure that all laws are being upheld. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Scott of Florida (for himself, Mr. Tuberville, Mr. Johnson, Mr. Cruz, Mr. Tillis, Mr. Cassidy, Mr. Rubio, and Mr. Lankford) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the Inspector General of the Department of Homeland Security to investigate the vetting and processing of illegal aliens apprehended along the southwest border and to ensure that all laws are being upheld. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Upholding the Law at Our Border Act''. SEC. 2. INVESTIGATION AND REPORT ON VETTING AND PROCESSING OF ILLEGAL ALIENS APPREHENDED ALONG THE SOUTHWEST BORDER AND ENSURING THAT ALL LAWS ARE BEING UPHELD. Not less frequently than every 60 days until there have been fewer than 35,000 apprehensions per month at the southwest border for 3 consecutive months, the Inspector General of the Department of Homeland Security shall conduct an investigation and submit a report and provide a briefing to the President, the Secretary of Homeland Security, the Attorney General, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives regarding, with respect to the period beginning on January 20, 2021-- (1) the vetting procedures applicable to aliens (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))) seeking entry or admission to the United States who were apprehended along the southwest border of the United States, including the process for conducting in-person interviews with such aliens and the number of such interviews that were conducted; (2) the total number of aliens who are unlawfully present in the United States (referred to in this section as ``illegal aliens'') who were processed and released into the interior of the United States; (3) the number of illegal aliens who received parole (humanitarian or otherwise); (4) the results of the audit of parole applications, including the justification for any instances in which parole was granted; (5) the total number of illegal aliens who have been placed in removal proceedings pursuant to section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a), including-- (A) how many of such illegal aliens have been removed; and (B) how many of such illegal aliens are eligible for any immigration benefit, such as asylum or lawful permanent residence; (6) the results of the audit of asylum application under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158); (7) the total number of illegal aliens who have been placed in expedited removal proceedings pursuant to section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), including how many have been removed; (8) the efforts of the Department of Homeland Security to continually monitor all of the illegal aliens who were apprehended along the southwest border of the United States and then released on parole, including-- (A) the number of such illegal aliens who were given a ``notice to report'' to a U.S. Immigration and Customs Enforcement office; (B) the number of such illegal aliens who actually reported in compliance with such notice to report; (C) the number of such illegal aliens who were given a ``notice to appear'' before an immigration judge; and (D) the number of such illegal aliens who have prior criminal convictions or terms of imprisonment in the United States or outside of the United States; (9) the total number of illegal aliens who were processed and released into the interior of the United States without participating in an alternatives to detention program, such as using an ankle monitor or another tracking monitor; and (10) the States and counties in which the Department of Homeland Security or the Department of Health and Human Services has resettled illegal aliens since January 20, 2021. &lt;all&gt; </pre></body></html>
[ "Immigration" ]
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118S277
Pala Band of Mission Indians Land Transfer Act of 2023
[ [ "P000145", "Sen. Padilla, Alex [D-CA]", "sponsor" ] ]
<p><b>Pala Band of Mission Indians Land Transfer Act of </b><strong></strong><b>2023</b></p> <p>This bill directs the Department of the Interior to take approximately 721.12 acres of land in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, if the tribe transfers title to that land to the United States. The land is made part of the Pala Indian Reservation.</p> <p>The bill generally prohibits gaming on any of the land taken into trust.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 277 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 277 To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Padilla introduced the following bill; which was read twice and referred to the Committee on Indian Affairs _______________________________________________________________________ A BILL To take certain land located in San Diego County, California, into trust for the benefit of the Pala Band of Mission Indians, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Pala Band of Mission Indians Land Transfer Act of 2023''. SEC. 2. TRANSFER OF LAND INTO TRUST FOR THE PALA BAND OF MISSION INDIANS. (a) Definitions.--In this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Tribe.--The term ``Tribe'' means the Pala Band of Mission Indians. (b) Transfer and Administration.-- (1) Transfer of land into trust.--If, not later than 180 days after the date of enactment of this Act, the Tribe transfers title to the land referred to in subsection (c) to the United States, the Secretary, not later than 180 days after the date of that transfer, shall take that land into trust for the benefit of the Tribe. (2) Administration.--The land taken into trust under paragraph (1) shall be part of the Pala Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian Tribe. (c) Land Description.--The land referred to in subsection (b)(1) is the approximately 721.12 acres of land located in San Diego County, California, generally depicted as ``Gregory Canyon Property Boundary'' on the map entitled ``Pala Gregory Canyon Property Boundary and Parcels'' and dated May 12, 2020. (d) Rules of Construction.--Nothing in this section-- (1) enlarges, impairs, or otherwise affects any right or claim of the Tribe to any land or interest in land that is in existence before the date of enactment of this Act; (2) affects any water right of the Tribe in existence before the date of enactment of this Act; or (3) terminates or limits any access in any way to any right-of-way or right-of-use issued, granted, or permitted before the date of enactment of this Act. (e) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land taken into trust under subsection (b)(1), gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. &lt;all&gt; </pre></body></html>
[ "Native Americans", "California", "Federal-Indian relations", "Gambling", "Indian claims", "Indian lands and resources rights", "Land transfers" ]
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118S278
A bill to require the United States Postal Service to designate a single, unique ZIP Code for particular communities, and for other purposes.
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ] ]
<p>This bill directs the U.S. Postal Service (USPS), by 270 days after its enactment, to designate a single, unique ZIP code for each of</p> <ul> <li>Ocoee, Florida;</li> <li>Miami Lakes, Florida; </li> <li> Oakland, Florida; </li> <li> Estero, Florida;</li> <li>The Villages, Florida; and</li> <li>Hollywood, Florida.</li> </ul> <p>The USPS, by 270 days after the bill's enactment, must modify the boundaries of ZIP codes 33971 and 33905 so that any area within ZIP code 33971 as of the date of this bill's enactment that is within the city of Fort Myers, Florida, is redesignated as being within ZIP code 33905.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 278 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 278 To require the United States Postal Service to designate a single, unique ZIP Code for particular communities, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio (for himself and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To require the United States Postal Service to designate a single, unique ZIP Code for particular communities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ZIP CODES. (a) Single, Unique ZIP Code for Particular Communities.--Not later than 270 days after the date of enactment of this Act, the United States Postal Service shall designate a single, unique ZIP Code for, as nearly as practicable, each of the following communities: (1) Ocoee, Florida. (2) Miami Lakes, Florida. (3) Oakland, Florida. (4) Village of Estero, Florida. (5) The Villages, Florida. (6) Hollywood, Florida. (b) Modification of ZIP Code Boundaries.--Not later than 270 days after the date of enactment of this Act, the United States Postal Service shall modify the boundaries of ZIP Codes 33971 and 33905 so that any area within ZIP Code 33971 as of the date of enactment of this Act that is within the city of Fort Myers, Florida is redesignated as being within ZIP Code 33905. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics", "Florida", "Postal service" ]
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118S279
Preserving the Gulf Test Range to Ensure Military Readiness Act
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 279 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 279 To establish a moratorium on energy development in certain areas of the Gulf of Mexico, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio (for himself and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To establish a moratorium on energy development in certain areas of the Gulf of Mexico, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving the Gulf Test Range to Ensure Military Readiness Act''. SEC. 2. MORATORIUM ON ENERGY DEVELOPMENT IN CERTAIN AREAS OF GULF OF MEXICO. (a) Definitions.--In this section: (1) Military mission line.--The term ``Military Mission Line'' has the meaning given the term in section 102 of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (b) Moratorium.--Effective during the period beginning on the date of enactment of this Act and ending on June 30, 2032, the Secretary shall not offer for leasing, preleasing, or any related activity for energy development of any kind-- (1) any area east of the Military Mission Line in the Gulf of Mexico; or (2) any area of the outer Continental Shelf described in subparagraph (A), (B), or (C) of paragraph (2) of subsection (d), if oil, gas, wind, or any other form of energy exploration, leasing, or development in that area has been identified in a report under that subsection as having any adverse effect on the national security of the United States or the military readiness or testing capabilities of the Department of Defense. (c) Environmental Exceptions.--Notwithstanding subsection (b), the Secretary may issue leases in areas described in that subsection for environmental conservation purposes, including the purposes of shore protection, beach nourishment and restoration, wetlands restoration, and habitat protection. (d) Reports.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, and not later than June 30, 2031, the Secretary of Defense shall submit to the Committees on Appropriations and Armed Services of the Senate and the Committees on Appropriations and Armed Services of the House of Representatives a report that describes the impact of oil, gas, wind, and any other form of energy exploration, leasing, or development in areas of the outer Continental Shelf described in paragraph (2) on the national security of the United States and the military readiness and testing capabilities of the Department of Defense. (2) Areas described.--The areas of the outer Continental Shelf referred to in paragraph (1) are the following: (A) Any area west of the Military Mission Line in the Eastern Gulf of Mexico Planning Area. (B) The South Atlantic Planning Area. (C) The Straits of Florida Planning Area. &lt;all&gt; </pre></body></html>
[ "Energy" ]
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118S28
Restaurant Revitalization Tax Credit Act
[ [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "sponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ] ]
<p><strong>Restaurant Revitalization Tax Credit Act </strong></p> <p>This bill allows certain restaurants affected by the COVID-19 pandemic a credit against payroll tax liability up to 100% of the wages paid to their employees, not to exceed $25,000 in any calendar quarter.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 28 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 28 To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Cardin (for himself, Mr. Brown, Mrs. Murray, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide a partially refundable credit against payroll taxes for certain restaurants affected by the COVID-19 pandemic. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Restaurant Revitalization Tax Credit Act''. SEC. 2. RESTAURANT REVITALIZATION CREDIT. (a) In General.--Subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 3135. RESTAURANT REVITALIZATION CREDIT. ``(a) In General.--In the case of an eligible employer, there shall be allowed as a credit against applicable employment taxes for each calendar quarter an amount equal to 100 percent of the wages with respect to each employee of such employer for such calendar quarter. ``(b) Limitations and Refundability.-- ``(1) In general.--The aggregate amount of wages which may be taken into account under subsection (a) by the eligible employer for any calendar quarter shall not exceed $25,000. ``(2) Credit limited to employment taxes.--The credit allowed by subsection (a) with respect to any calendar quarter shall not exceed the applicable employment taxes (reduced by any credits allowed under subsections (e) and (f) of section 3111) on the wages paid with respect to the employment of all the employees of the eligible employer for such calendar quarter. For purposes of the preceding sentence, the credit allowed under subsection (a) shall be applied first against applicable employment taxes described in subsection (c)(1)(A). ``(3) Partial refundability of excess credit.-- ``(A) In general.--If the amount of the credit under subsection (a) exceeds the limitation of paragraph (2), so much of such excess as does not exceed the applicable employer refund limitation shall be treated as an overpayment that shall be refunded under sections 6402(a) and 6413(b). ``(B) Applicable employer refund limitation.--For purposes of subparagraph (A), the applicable employer refund limitation is the excess of-- ``(i) $25,000, over ``(ii) the amount of credit treated as an overpayment of the eligible employer by reason of this paragraph for all preceding calendar quarters. ``(C) Reduction based on number of employees.--In the case of any eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during the last calendar quarter of 2022 (rounded to the nearest multiple of 1) exceeds 10, the $25,000 dollar amount under subparagraph (A)(ii)(I) shall be reduced (but not below zero) by the product of such excess and $2,500. ``(c) Definitions.--For purposes of this section-- ``(1) Applicable employment taxes.--The term `applicable employment taxes' means the following: ``(A) The taxes imposed under section 3111(a). ``(B) The taxes imposed under section 3111(b). ``(2) Eligible employer.-- ``(A) In general.--The term `eligible employer' means any employer-- ``(i) which is an eligible entity (as defined in section 5003(a) of the American Rescue Plan Act of 2021) which-- ``(I) was established before March 14, 2020, ``(II) submitted an application for a grant under section 5003(c) of such Act in accordance with the procedures established by the Administrator of the Small Business Administration under such section, ``(III) certifies to the Secretary (in such form and manner as the Secretary requires) that such employer was eligible for a grant under such section, and ``(IV) did not receive any grant funds under such section due to a lack of funding, ``(ii) which paid applicable employment taxes with respect to pay periods occurring in at least 2 calendar quarters of calendar year 2021, and ``(iii) which meets the gross receipts test of subparagraph (B). ``(B) Gross receipts test.--An employer meets the gross receipts test of this subparagraph if-- ``(i) the gross receipts of such employer for any applicable calendar year were less than 50 percent the gross receipts of such employer for calendar year 2019, or ``(ii) the average gross receipts of such employer for all applicable calendar years were less than 70 percent the gross receipts of such employer for the calendar year 2019. ``(C) Applicable calendar year.--For purposes of this paragraph, the term `applicable calendar year' means any of the following: ``(i) Calendar year 2020. ``(ii) Calendar year 2021. ``(D) Special rule for employers not in existence for entirety of 2019.--In the case of any employer that was in existence before January 1, 2020, but not in existence on January 1, 2019, the amount of gross receipts taken into account for any applicable calendar year shall be the amount of such gross receipts (determined without regard to this clause) multiplied by the ratio of-- ``(i) the number of days during 2019 during which such employer was in existence, to ``(ii) 365. ``(E) Special rule for employers not in existence before 2020.--In the case of any employer that was not in existence before January 1, 2020, in applying this paragraph-- ``(i) the amount of gross receipts for calendar year 2019 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning on the date the employer was established and ending before March 14, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I), and ``(ii) the amount of gross receipts for calendar year 2020 shall be equal to the product of-- ``(I) the amount of gross receipts for the period beginning after March 13, 2020, and ending on December 31, 2020, and ``(II) the ratio of 366 to the number of days in the period described in subclause (I). ``(3) Wages.-- ``(A) In general.--The term `wages' has the meaning given such term under section 3121(a), determined without regard to paragraph (1) thereof. ``(B) Exception.--Such term shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, and 1396. ``(4) Other terms.--Any term used in this section which is also used in this chapter shall have the same meaning as when used in this chapter. ``(d) Aggregation Rule.--All persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as one employer for purposes of this section. ``(e) Election To Not Take Certain Wages Into Account.--This section shall not apply to so much of the wages paid by an eligible employer as such employer elects (at such time and in such manner as the Secretary may prescribe) to not take into account for purposes of this section. ``(f) Third Party Payors.--Any credit allowed under this section shall be treated as a credit described in section 3511(d)(2). ``(g) Treatment of Deposits.--The Secretary shall waive any penalty under section 6656 for any failure to make a deposit of any applicable employment taxes if the Secretary determines that such failure was due to the reasonable anticipation of the credit allowed under this section. ``(h) Extension of Limitation on Assessment.--Notwithstanding section 6501, the limitation on the time period for the assessment of any amount attributable to a credit claimed under this section shall not expire before the date that is 5 years after the later of-- ``(1) the date on which the original return which includes the calendar quarter with respect to which such credit is determined is filed, or ``(2) the date on which such return is treated as filed under section 6501(b)(2). ``(i) Regulations and Guidance.--The Secretary shall issue such forms, instructions, regulations, and other guidance as are necessary-- ``(1) with respect to the application of the credit under subsection (a) to third party payors (including professional employer organizations, certified professional employer organizations, or agents under section 3504), including regulations or guidance allowing such payors to submit documentation necessary to substantiate the eligible employer status of employers that use such payors, and ``(2) to prevent the avoidance of the purposes of the limitations under this section, including through the leaseback of employees. Any forms, instructions, regulations, or other guidance described in paragraph (1) shall require the customer to be responsible for the accounting of the credit and for any liability for improperly claimed credits and shall require the certified professional employer organization or other third party payor to accurately report such tax credits based on the information provided by the customer. ``(j) Application.--This section shall only apply to wages paid after December 31, 2022, and before January 1, 2024.''. (b) Refunds.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``3135,'' after ``3134,''. (c) Clerical Amendment.--The table of sections for subchapter D of chapter 21 of subtitle C of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``Sec. 3135. Restaurant revitalization credit.''. (d) Coordination With Small Business Administration.--The Administrator of the Small Business Administration shall coordinate with and provide information to the Secretary of the Treasury (or the Secretary's delegate) to assist in identifying employers that are eligible for the credit allowed by section 3135 of the Internal Revenue Code of 1986, as added by this section. (e) Effective Date.--The amendments made by this section shall apply to calendar quarters beginning after December 31, 2022. &lt;all&gt; </pre></body></html>
[ "Taxation" ]
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118S280
BEST for Vets Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 280 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 280 To ensure that only licensed health care professionals furnish disability examinations under a certain Department of Veterans Affairs pilot program for use of contract physicians for disability examinations, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio (for himself, Mr. Scott of Florida, Ms. Sinema, Ms. Lummis, and Mr. Braun) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To ensure that only licensed health care professionals furnish disability examinations under a certain Department of Veterans Affairs pilot program for use of contract physicians for disability examinations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Examiner Standards and Transparency for Veterans Act of 2023'' or the ``BEST for Vets Act of 2023''. SEC. 2. ENSURING ONLY LICENSED HEALTH CARE PROFESSIONALS FURNISH MEDICAL DISABILITY EXAMINATIONS UNDER CERTAIN DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM FOR USE CONTRACT PHYSICIANS FOR DISABILITY EXAMINATIONS. (a) Prohibition on Use of Certain Health Care Professionals.-- Section 504(a) of the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note) is amended-- (1) by striking ``The Secretary of Veterans Affairs'' and inserting the following: ``(1) In general.--The Secretary of Veterans Affairs''; and (2) by adding at the end the following new paragraph: ``(2) Prohibition.--No examination described in paragraph (1) may be carried out under this section by any health care professional other than one described in subsection (c)(2).''. (b) Remedies.--The Secretary of Veterans Affairs shall take such actions as the Secretary considers appropriate to ensure that only health care professionals described in subsection (c)(2) of section 504 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note) are conducting examinations pursuant to contracts entered into under such section. (c) Annual Report.--Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on-- (1) the conduct of the pilot program established under section 504 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note); and (2) the actions of the Secretary under subsection (b). (d) Technical Corrections.--Section 504 of the Veterans' Benefits Improvements Act of 1996 (Public Law 104-275; 38 U.S.C. 5101 note) is amended, in the section heading, by striking ``physicians'' and inserting ``health care professionals''. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security" ]
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118S281
Prosecutors Need to Prosecute Act of 2023
[ [ "K000393", "Sen. Kennedy, John [R-LA]", "sponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "T000250", "Sen. Thune, John [R-SD]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 281 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 281 To amend the Omnibus Crime Control and Safe Streets Act of 1968 to direct certain prosecutor's offices to annually report to the Attorney General, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Kennedy (for himself, Mr. Cruz, Mr. Thune, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to direct certain prosecutor's offices to annually report to the Attorney General, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecutors Need to Prosecute Act of 2023''. SEC. 2. DISTRICT ATTORNEY AND PROSECUTOR REPORTS. Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151) is amended-- (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: ``(f) District Attorney Reporting Requirements.-- ``(1) Definitions.--In this subsection: ``(A) Covered offense.--The term `covered offense' means any of the following: ``(i) Murder or non-negligent manslaughter. ``(ii) Forcible rape. ``(iii) Robbery. ``(iv) Aggravated assault. ``(v) Burglary. ``(vi) Larceny. ``(vii) Motor vehicle theft. ``(viii) Arson. ``(ix) Any offense involving the illegal use of a firearm. ``(x) Any offense involving the illegal possession of a firearm. ``(B) Covered prosecutor.--The term `covered prosecutor' means the chief executive of a district attorney or prosecutor's office that serves a local government-- ``(i) the population of the jurisdiction of which is not less than 360,000 individuals; and ``(ii) that receives funds under this part. ``(2) Reporting requirement.--Not later than 1 year after the date of enactment of the Prosecutors Need to Prosecute Act of 2023, and annually thereafter, a covered prosecutor shall submit to the Attorney General a report that contains, for the previous fiscal year, the following: ``(A) The total number of cases referred to the covered prosecutor for prosecution of a covered offense. ``(B) The number of cases involving a covered offense-- ``(i) that the covered prosecutor declined to prosecute or refer for diversion; or ``(ii) for which the covered prosecutor declines to reach a plea agreement. ``(C) For cases involving a covered offense that result in a plea agreement or referral for diversion reached with the defendant, the number of cases for which the defendant-- ``(i) was previously arrested for a covered offense arising out of a separate conviction; ``(ii) was previously convicted for a covered offense arising out of a separate conviction; ``(iii) with an open case involving a covered offense arising out of separate conviction; ``(iv) serving a term of probation for a conviction for a covered offense arising out of separate conduct; and ``(v) was released on parole for a conviction for a covered offense arising out of separate conduct. ``(D) The number of covered offenses that the covered prosecutor does not prosecute as a result of an internal policy against prosecuting specific criminal offenses including-- ``(i) each covered offense captured in the internal policy; and ``(ii) each criminal offense that is not captured in the internal policy. ``(3) Compliance.--With respect to a covered prosecutor that complies with the requirement under paragraph (2)-- ``(A) the Attorney General shall give priority in disbursing funds under this part to the local government served by the covered prosecutor; and ``(B) the local government described in subparagraph (A) shall ensure that the covered prosecutor receives a portion of the funds received under this part. ``(4) Uniform standards.--The Attorney General shall establish uniform standards for the reporting of the information required under this subsection, including the form such reports shall take and the process by which such reports shall be shared with the Attorney General. ``(5) Submission to judiciary committees.--The Attorney General shall-- ``(A) submit the information received under this subsection to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives; and ``(B) publish such information on a publicly viewable website.''. SEC. 3. BYRNE-JAG FUNDS AND ELIMINATION OF CASH BAIL. The Attorney General shall not distribute amounts under subpart I of part E of title 1 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) to a State or local government that has in effect a policy that prohibits the use of cash bail for a defendant in a case involving the illegal use or illegal possession of a firearm. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement" ]
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118S282
Arctic Refuge Protection Act of 2023
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<p><b>Arctic Refuge Protection Act of 2023</b></p> <p>This bill designates approximately 1,559,538 acres of land within Alaska in the Arctic National Wildlife Refuge as a component of the National Wilderness Preservation System.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 282 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 282 To designate a portion of the Arctic National Wildlife Refuge as wilderness. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Markey (for himself, Mr. Bennet, Ms. Cantwell, Mr. Heinrich, Mr. Blumenthal, Mr. Booker, Mr. Carper, Mr. Casey, Mr. Durbin, Mr. Lujan, Mr. Merkley, Mr. Peters, Mrs. Shaheen, Mr. Sanders, Mr. Whitehouse, Mr. Wyden, Ms. Warren, Mr. Welch, Mrs. Murray, Mrs. Feinstein, Mr. Van Hollen, Ms. Baldwin, Ms. Duckworth, and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To designate a portion of the Arctic National Wildlife Refuge as wilderness. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Refuge Protection Act of 2023''. SEC. 2. DESIGNATION OF PORTION OF ARCTIC NATIONAL WILDLIFE REFUGE AS WILDERNESS. Section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd) is amended by adding at the end the following: ``(p) Designation of Certain Land as Wilderness.--Notwithstanding any other provision of this Act, a portion of the Arctic National Wildlife Refuge in Alaska comprising approximately 1,559,538 acres, as generally depicted on the map entitled `Arctic National Wildlife Refuge, Coastal Plain Proposed Wilderness', dated October 20, 2015, labeled with Map ID 03-0172, and available for inspection in the offices of the Secretary, is designated as a component of the National Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131 et seq.).''. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources", "Alaska", "Arctic and polar regions", "Wilderness and natural areas, wildlife refuges, wild rivers, habitats" ]
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118S283
No Emergency Crude Oil for Foreign Adversaries Act
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ] ]
<p><b>No Emergency Crude Oil for Foreign Adversaries Act</b></p> <p>This bill prohibits exports of crude oil from the Strategic Petroleum Reserve (SPR) to China, Russia, North Korea, and Iran. Specifically, the bill directs the Department of Energy (DOE) to require as a condition of any sale of crude oil from the SPR that the oil not be exported to such countries. However, DOE may issue a waiver of the prohibition if the sale of crude oil is in the national security interests of the United States.</p> <p>In addition, DOE must report on (1) the route to destination and place of refinement of all crude oil sold at auction from the SPR since November 23, 2021, and (2) the ownership of the refinement facilities at which such crude oil was refined.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 283 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 283 To require the Secretary of Energy to stipulate, as a condition on the sale at auction of any crude oil from the Strategic Petroleum Reserve, that the crude oil not be exported to certain countries, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To require the Secretary of Energy to stipulate, as a condition on the sale at auction of any crude oil from the Strategic Petroleum Reserve, that the crude oil not be exported to certain countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``No Emergency Crude Oil for Foreign Adversaries Act''. SEC. 2. CONDITION ON AUCTION OF CRUDE OIL FROM THE STRATEGIC PETROLEUM RESERVE. (a) Definitions.--In this section: (1) Bidder.--The term ``bidder'' means an individual or entity bidding or intending to bid at an auction of crude oil from the Strategic Petroleum Reserve. (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Strategic petroleum reserve.--The term ``Strategic Petroleum Reserve'' means the Strategic Petroleum Reserve established under part B of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.). (b) Prohibition on Export of SPR Crude Oil to Certain Countries.-- (1) In general.--Notwithstanding any other provision of law, including section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241), and subject to paragraph (2), with respect to the drawdown and sale at auction of any crude oil from the Strategic Petroleum Reserve after the date of enactment of this Act, the Secretary shall require, as a condition of any such sale, that the crude oil not be exported to-- (A) the People's Republic of China; (B) the Russian Federation; (C) the Democratic People's Republic of Korea; or (D) the Islamic Republic of Iran. (2) Waiver.-- (A) In general.--On application by a bidder, the Secretary may waive, prior to the date of the applicable auction, the condition described in paragraph (1) with respect to the sale of crude oil to that bidder at that auction. (B) Requirement.--The Secretary may issue a waiver under subparagraph (A) only if the Secretary determines that the waiver is in the interest of the national security of the United States. (C) Applications.-- (i) In general.--A bidder desiring a waiver under subparagraph (A) shall submit to the Secretary an application-- (I) not later than the date that is 30 days before the date of the applicable auction; and (II) in such form and containing such information as the Secretary may require. (ii) Deadline for decision.--The Secretary shall determine whether to approve or deny an application submitted under clause (i) by the date that is 30 days after the date on which the application is submitted. (c) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Natural Resources of the House of Representatives a report describing-- (1) the route to destination and place of refinement of all crude oil sold at auction from the Strategic Petroleum Reserve since November 23, 2021; and (2) the ownership of the refinement facilities at which crude oil described in paragraph (1) was refined. &lt;all&gt; </pre></body></html>
[ "Energy", "Asia", "China", "Congressional oversight", "Energy storage, supplies, demand", "Europe", "Iran", "Middle East", "North Korea", "Oil and gas", "Russia", "Strategic materials and reserves", "Trade restrictions" ]
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118S284
A bill to direct the Secretary of the Interior to include on the engravings on the Taras Shevchenko Memorial in the District of Columbia the name of Vincent Illuzzi, Sr., who carved the statue.
[ [ "S000033", "Sen. Sanders, Bernard [I-VT]", "sponsor" ] ]
<p>This bill directs the Department of the Interior to include in the engravings on the statute erected as part of the Taras Shevchenko Memorial in the District of Columbia the name of Vincent Illuzzi, Sr., who carved the statue.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 284 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 284 To direct the Secretary of the Interior to include on the engravings on the Taras Shevchenko Memorial in the District of Columbia the name of Vincent Illuzzi, Sr., who carved the statue. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To direct the Secretary of the Interior to include on the engravings on the Taras Shevchenko Memorial in the District of Columbia the name of Vincent Illuzzi, Sr., who carved the statue. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCLUSION OF NAME OF VINCENT ILLUZZI, SR., ON THE TARAS SHEVCHENKO MEMORIAL IN THE DISTRICT OF COLUMBIA. The Secretary of the Interior shall include in the engravings on the statue erected as part of the Taras Shevchenko Memorial established by Public Law 86-749 (74 Stat. 884) the name of Vincent Illuzzi, Sr., who carved the statue, with the name to be placed at an appropriate location near the names of the sculptor and architect. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources" ]
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118S285
Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2023
[ [ "P000595", "Sen. Peters, Gary C. [D-MI]", "sponsor" ], [ "C001056", "Sen. Cornyn, John [R-TX]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ] ]
<p><strong>Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of</strong><strong> 202</strong><strong>3</strong></p> <p>This bill addresses the perpetuation, administration, and funding of Federal Executive Boards.</p> <p>Specifically, the Office of Personnel Management (OPM), in coordination with the Office of Management and Budget (OMB) and the General Services Administration (GSA), shall continue to support the existence of the Federal Executive Boards in geographic areas outside the District of Columbia (DC) metropolitan area.</p> <p><em>Federal Executive Board</em> means an interagency entity </p> <ul> <li>established by OPM, in coordination with OMB and GSA;</li> <li> located in a geographic area with a high concentration of federal employees outside the DC metropolitan area; </li> <li>focused on strengthening the management and administration of agency activities and coordination among local federal officers to implement national initiatives in that geographic area.</li> </ul> <p>OPM must develop a set of criteria to establish and evaluate the number and locations of such boards that (1) factor in contemporary federal workforce data as of the date of this bill's enactment; and (2) is informed by annual changes in workforce data, including the geographic disbursement of the federal workforce and the role of remote work options.</p> <p>The bill sets forth provisions regarding administration and oversight, and governance and activities, of such boards.</p> <p>OPM, in coordination with OMB and GSA, must establish a Federal Executive Board Fund within OPM for financing essential board functions for the purposes of staffing and operating expenses.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 285 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 285 To provide for the perpetuation, administration, and funding of Federal Executive Boards, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Peters (for himself, Mr. Cornyn, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To provide for the perpetuation, administration, and funding of Federal Executive Boards, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Government Efficiency and Workforce Development through Federal Executive Boards Act of 2023''. SEC. 2. FEDERAL EXECUTIVE BOARDS. (a) In General.--Chapter 11 of title 5, United States Code, is amended by adding at the end the following: ``Sec. 1106. Federal Executive Boards ``(a) Purposes.--The purposes of this section are to-- ``(1) strengthen the strategic coordination, communication, and management of Government activities across the United States, including to improve the experience of citizens interacting with agencies, and to incorporate field perspectives into the preparation of Federal workforce policy goals; ``(2) facilitate interagency collaboration to improve the efficiency and effectiveness of Federal programs and initiatives; ``(3) facilitate communication and collaboration on Federal emergency preparedness and continuity of operations for the Federal workforce in applicable geographic areas; ``(4) facilitate strategies and programs for recruiting, training, managing, and retaining Federal employees, as well as sharing best practices for improving the workforce experience and access to education and training; ``(5) facilitate relationships with State and local governments, colleges and universities, and local nonprofit organizations that collaborate with the Federal Government; and ``(6) provide stable funding for Federal Executive Boards to enable the activities described in paragraphs (1) through (5). ``(b) Definitions.--In this section: ``(1) Agency.--The term `agency'-- ``(A) means an Executive agency, as defined in section 105; and ``(B) does not include the Government Accountability Office. ``(2) Director.--The term `Director' means the Director of the Office of Personnel Management. ``(3) Federal executive board.--The term `Federal Executive Board' means an interagency entity-- ``(A) established by the Director-- ``(i) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services; and ``(ii) in consultation with the headquarters of appropriate agencies; ``(B) located in a geographic area with a high concentration of Federal employees outside the Washington, DC, metropolitan area; and ``(C) focused on strengthening the management and administration of agency activities and coordination among local Federal officers to implement national initiatives in that geographic area. ``(4) Institution of higher education.--The term `institution of higher education' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). ``(5) State apprenticeship agency.--The term `State Apprenticeship Agency' has the meaning given the term in section 29.2 of title 29, Code of Federal Regulations, or any successor regulation. ``(c) Perpetuation and Continued Support.-- ``(1) In general.--The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall continue to support the existence of Federal Executive Boards in geographic areas outside the Washington, DC, metropolitan area. ``(2) Consultation.--Before establishing any new Federal Executive Boards that are not in existence on the date of enactment of this section, the Director shall conduct a review of existing Federal Executive Boards and consult with the headquarters of appropriate agencies to guide the determination of the number and location of Federal Executive Boards. ``(3) Location.--The Director shall develop a set of criteria to establish and evaluate the number and locations of Federal Executive Boards that shall-- ``(A) factor in contemporary Federal workforce data as of the date of enactment of this section; and ``(B) be informed by the annual changes in workforce data, including the geographic disbursement of the Federal workforce and the role of remote work options. ``(4) Membership.-- ``(A) In general.--Each Federal Executive Board for a geographic area shall consist of the most senior officer of each agency in that geographic area. ``(B) Alternate representative.--The senior officer of an agency described in subparagraph (A) may designate, by title of office, an alternate representative, who shall-- ``(i) be a senior officer in the agency; and ``(ii) attend meetings and otherwise represent the agency on the Federal Executive Board in the absence of the most senior officer. ``(d) Administration and Oversight.--The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall administer and oversee Federal Executive Boards, including-- ``(1) establishing staffing and accountability policies, including performance standards, for employees responsible for administering Federal Executive Boards with an opportunity for employee customer service feedback from agencies participating in Federal Executive Boards; ``(2) establishing communications policies for the dissemination of information to agencies participating in Federal Executive Boards; and ``(3) administering Federal Executive Board funding through the fund established in subsection (f). ``(e) Governance and Activities.-- ``(1) In general.--Each Federal Executive Board shall-- ``(A) subject to the approval of the Director, adopt charters or other rules for the internal governance of the Federal Executive Board; ``(B) elect a Chairperson from among the members of the Federal Executive Board, who shall serve for a set term; ``(C) serve as an instrument of outreach relating to agency activities in the geographic area; ``(D) provide a forum to amplify the exchange of information relating to programs and management methods and problems-- ``(i) between the national headquarters of agencies and the field; and ``(ii) among field elements in geographic areas; ``(E) develop local coordinated approaches to the development and operation of programs that have common characteristics or serve the same populations; ``(F) communicate management initiatives and other concerns from Federal officers and employees in the Washington, DC, metropolitan area to Federal officers and employees in the geographic area to achieve better mutual understanding and support; ``(G) develop relationships with State and local governments, institutions of higher education, and nongovernmental organizations to help fulfill the roles and responsibilities of the Federal Executive Board; ``(H) in coordination with appropriate agencies and consistent with any relevant memoranda of understanding between the Office of Personnel Management and those agencies, facilitate communication, collaboration, and training to prepare the Federal workforce for emergencies and continuity of operations; ``(I) in coordination with appropriate agencies, support agency efforts to place and recruit students in training opportunities, particularly apprenticeships and paid internships; ``(J) consult with the Secretary of Labor or State Apprenticeship Agencies on the process for establishing registered apprenticeship programs within agencies, as appropriate; ``(K) consult with State workforce development boards and local workforce development boards as established in sections 101 and 107 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111, 3122), respectively, as appropriate; ``(L) as appropriate and in accordance with law, rules, and policies, lead cross-agency talent management initiatives-- ``(i) including interagency-- ``(I) recruitment and hiring activities; ``(II) internships and apprenticeships; ``(III) onboarding and leadership and management development; and ``(IV) mentorship programs; and ``(ii) by prioritizing initiatives related to-- ``(I) conducting outreach to communities of individuals with demographics that are underrepresented in a given occupation or agency; and ``(II) addressing skills gaps within the Federal Government related to high-risk areas as identified by the Government Accountability Office; ``(M) coordinate with the Transition Assistance Centers established to carry out the Transition Assistance Program of the Department of Defense to help members of the Armed Forces who are transitioning to civilian life apply for Government positions in the geographic location of the Federal Executive Board; ``(N) as appropriate, serve as a collaborative space where employees from across agencies can participate in innovation projects relevant to Federal initiatives by applying human-centered design, user- experience design, or other creativity methods; and ``(O) take other actions as agreed to by the Federal Executive Board and the Director, in consultation with the Director of the Office of Management and Budget and the Administrator of General Services. ``(2) Coordination of certain activities.--The facilitation of communication, collaboration, and training described in paragraph (1)(H) shall, when appropriate, be coordinated and defined through written agreements entered into between the Director and the heads of the applicable agencies. ``(3) Non-monetary donations.--Each Federal Executive Board may accept donations of supplies, services, land, and equipment consistent with the purposes described in paragraphs (1) through (5) of subsection (a), including to assist in carrying out the activities described in paragraph (1) of this subsection. ``(4) Programmatic assessments.--Not less frequently than semi-annually or following each major programmatic activity, each Federal Executive Board shall assess the experience of participants or other relevant stakeholders in each program provided by the Federal Executive Board. ``(f) Funding.-- ``(1) Establishment of fund.--The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall establish a Federal Executive Board Fund within the Office of Personnel Management for financing essential Federal Executive Board functions for the purposes of staffing and operating expenses. ``(2) Deposits.--There shall be deposited in the fund established under paragraph (1) amounts transferred to the fund pursuant to paragraph (3) from each agency participating in Federal Executive Boards, according to a formula established by the Director-- ``(A) in consultation with the headquarters of those agencies; and ``(B) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services. ``(3) Contributions.-- ``(A) Contribution transfers.--Subject to the formula for contributions established by the Director under paragraph (2), each agency participating in Federal Executive Boards shall transfer amounts to the fund established under paragraph (1). ``(B) Formula.-- ``(i) In general.--The formula for contributions established by the Director under paragraph (2) shall consider the number of employees in each agency in all geographic areas served by Federal Executive Boards. ``(ii) Recalculation.--The contribution of the headquarters of each agency under clause (i) to the fund established under paragraph (1) shall be recalculated not less frequently than every 2 years. ``(C) In-kind contributions.--At the discretion of the Director, an agency may provide in-kind contributions instead of, or in addition to, providing monetary contributions to the fund established under paragraph (1). ``(4) Minimum amount.-- ``(A) In general.--The fund established under paragraph (1) shall include a minimum of $15,000,000 in each fiscal year, to remain available until expended. ``(B) Adjustment.--The Director shall adjust the amount required under subparagraph (A) every 2 years on a schedule aligned with the recalculation described in paragraph (3)(B)(ii) to reflect-- ``(i) the percentage increase, if any, in the Consumer Price Index for all Urban Consumers as determined by the Bureau of Labor Statistics; and ``(ii) any changes in costs related to Federal pay changes authorized by the President or by an Act of Congress. ``(5) Use of excess amounts.--Any unobligated and unexpended balances in the fund established under paragraph (1) that the Director determines to be in excess of amounts needed for Federal Executive Board functions shall be allocated among the Federal Executive Boards for the activities described in subsection (e) by the Director-- ``(A) in coordination with the Director of the Office of Management and Budget and the Administrator of General Services; and ``(B) in consultation with the headquarters of agencies participating in Federal Executive Boards. ``(6) Administrative and oversight costs.--The Office of Personnel Management shall pay for costs relating to administrative and oversight activities conducted under subsection (d) from appropriations made available to the Office of Personnel Management. ``(g) Reports.--The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit biennial reports to Congress and to agencies participating in Federal Executive Boards on the outcomes of and budget matters related to Federal Executive Boards. ``(h) Regulations.--The Director, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall prescribe regulations necessary to carry out this section.''. (b) Report.-- (1) Definition.--In this subsection, the term ``Federal Executive Board'' has the meaning given the term in section 1106(b) of title 5, United States Code, as added by subsection (a) of this section. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Director of the Office of Personnel Management, in coordination with the Director of the Office of Management and Budget and the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report that includes-- (A) a description of essential Federal Executive Board functions; (B) details of staffing requirements for each Federal Executive Board; and (C) estimates of staffing and operating expenses for each Federal Executive Board. (c) Technical and Conforming Amendments.--The table of sections for chapter 11 of title 5, United States Code, is amended by inserting after the item relating to section 1105 the following: ``1106. Federal Executive Boards.''. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics", "Congressional oversight", "Employee hiring", "Executive agency funding and structure", "Government information and archives", "Government studies and investigations", "Government trust funds", "Intergovernmental relations", "Veterans' education, employment, rehabilitation" ]
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118S286
Rachael Booth Act
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 286 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 286 To make transitional compensation available to dependents of members of the Armed Forces convicted of dependent abuse in Federal or State court and dependents of members accused of dependent abuse who have forfeited all pay and allowances for an unrelated offense. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio (for himself, Mrs. Gillibrand, Mr. Scott of Florida, and Ms. Hassan) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To make transitional compensation available to dependents of members of the Armed Forces convicted of dependent abuse in Federal or State court and dependents of members accused of dependent abuse who have forfeited all pay and allowances for an unrelated offense. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Rachael Booth Act''. SEC. 2. MODIFICATIONS TO TRANSITIONAL COMPENSATION FOR DEPENDENTS OF MEMBERS SEPARATED FOR DEPENDENT ABUSE. (a) Covered Punitive Actions.--Subsection (b) of section 1059 of title 10, United States Code, is amended-- (1) in paragraph (1)(B), by striking ``; or'' and inserting a semicolon; (2) in paragraph (2), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraph: ``(3) who is-- ``(A) convicted of a dependent-abuse offense in a district court of the United States or a State court; and ``(B) separated from active duty pursuant to a sentence of a court-martial, or administratively separated, voluntarily or involuntarily, from active duty, for an offense other than the dependent-abuse offense; or ``(4) who is-- ``(A) accused but not convicted of a dependent- abuse offense; ``(B) determined, as a result of a review by the commander of the member and based on a preponderance of evidence, to have committed the dependent-abuse offense; and ``(C) required to forfeit all pay and allowances pursuant to a sentence of a court-martial for an offense other than the dependent-abuse offense.''. (b) Recipients of Payments.--Subsection (d) of such section is amended-- (1) in paragraph (1), by striking ``resulting in the separation'' and inserting ``referred to in subsection (b)''; and (2) in paragraph (4)-- (A) by striking ``determined as of the date'' and inserting the following: ``determined-- ``(A) as of the date''; (B) by striking ``offense or, in a case'' and inserting the following: ``offense; ``(B) in a case''; (C) by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following new subparagraph: ``(C) in a case described in subsection (b)(4), as of, as applicable-- ``(i) the first date on which the individual is held in pretrial confinement relating to the dependent-abuse offense of which the individual is accused after the 7-day review of pretrial confinement required by Rule 305(i)(2) of the Rules for Courts-Martial; or ``(ii) the date on which a review by a commander of the individual determines there is probable cause that the individual has committed that offense.''. (c) Commencement of Payment.--Subsection (e)(1) of such section is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by inserting after ``offense'' the following: ``or an offense described in subsection (b)(3)(B)''; and (B) in clause (ii), by striking ``; and'' and inserting a semicolon; (2) in subparagraph (B)-- (A) by striking ``(if the basis'' and all that follows through ``offense)''; and (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraph: ``(C) in the case of a member described in subsection (b)(4), shall commence as of, as applicable-- ``(i) the first date on which the member is held in pretrial confinement relating to the dependent-abuse offense of which the member is accused after the 7-day review of pretrial confinement required by Rule 305(i)(2) of the Rules for Courts-Martial; or ``(ii) the date on which a review by a commander of the member determines there is probable cause that the member has committed that offense.''. (d) Definition of Dependent Child.--Subsection (l) of such section is amended, in the matter preceding paragraph (1)-- (1) by striking ``resulting in the separation of the former member or'' and inserting ``referred to in subsection (b) or''; and (2) by striking ``resulting in the separation of the former member and'' and inserting ``and''. (e) Delegation of Determinations Relating to Exceptional Eligibility.--Subsection (m)(4) of such section is amended to read as follows: ``(4) The Secretary concerned may delegate the authority under paragraph (1) to authorize eligibility for benefits under this section for dependents and former dependents of a member or former member to the first general or flag officer (or civilian equivalent) in the chain of command of the member.''. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security" ]
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118S287
One Subject at a Time Act
[ [ "P000603", "Sen. Paul, Rand [R-KY]", "sponsor" ] ]
<p><b>One Subject at a Time Act</b></p> <p>This bill requires each bill or joint resolution to include no more than one subject and the subject to be clearly and descriptively expressed in the measure's title.</p> <p>An appropriations bill may not contain any general legislation or change to existing law that is not germane to the subject of such bill.</p> <p>The bill voids measures or provisions noncompliant with these requirements, including appropriation provisions outside the relevant subcommittee's jurisdiction. Additionally, a person (individual or entity) who is aggrieved by the enforcement, or the attempted enforcement, of a law that passed without complying with this bill's requirements may sue the United States for appropriate relief.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 287 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 287 To end the practice of including more than one subject in a single bill by requiring that each bill enacted by Congress be limited to only one subject, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Rules and Administration _______________________________________________________________________ A BILL To end the practice of including more than one subject in a single bill by requiring that each bill enacted by Congress be limited to only one subject, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``One Subject at a Time Act''. SEC. 2. ONE SUBJECT AT A TIME. (a) One Subject.--Each bill or joint resolution shall embrace no more than one subject. (b) Subject in Title.--The subject of a bill or joint resolution shall be clearly and descriptively expressed in the title. (c) Appropriation Bills.--An appropriations bill shall not contain any general legislation or change to a provision of existing law, the subject of which is not germane to the subject matter of each such appropriations bill; provided, however, that this section shall not be construed to prohibit any provision imposing limitations upon the expenditure of funds so appropriated. SEC. 3. ENFORCEMENT. (a) Multiple Subjects in Title.--If the title of an Act or joint resolution addresses two or more unrelated subjects, the entire Act or joint resolution is void. (b) Provisions Not Expressed in Title.--If the title of an Act or joint resolution addresses a single subject, but the Act contains one or more provisions concerning a subject that is not clearly and descriptively expressed in its title, only such provision or provisions concerning the subject not clearly and descriptively expressed in the title shall be void. (c) Appropriation Provisions Outside Subcommittee Jurisdiction.--If an Act appropriating funds contains a provision outside of the jurisdiction of the relevant subcommittee of the Committees on Appropriations of the House of Representatives and of the Senate, and therefore outside the subject of the bill, such provision shall be void. (d) Provisions of Appropriation Bills Not Germane to Subject Matter.--If an Act appropriating funds contains a provision of general legislation or a change of a provision of existing law not germane to the subject matter of such bill, such provision shall be void. (e) Commencement of an Action.--Any person aggrieved by the enforcement of, or attempt or threat of enforcement of, an Act passed without having complied with section 2 or this section, or any Member of Congress aggrieved by the failure of the House of Congress of which that individual is a member to comply with any requirement of those sections, shall, regardless of the amount in controversy, have a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to section 2 or this section. (f) State of Review.--In any judicial action brought pursuant to subsection (e), the standard of review shall be de novo. &lt;all&gt; </pre></body></html>
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118S288
End Tuberculosis Now Act of 2023
[ [ "M000639", "Sen. Menendez, Robert [D-NJ]", "sponsor" ], [ "Y000064", "Sen. Young, Todd [R-IN]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ] ]
<p><strong>End Tuberculosis Now Act of 2023 </strong></p> <p>This bill authorizes actions, including the provision of international assistance, to combat tuberculosis. </p> <p>The President may provide international assistance to prevent, treat, control, and eliminate tuberculosis. The President must also establish goals for U.S. efforts to detect, cure, and prevent all forms of tuberculosis globally by updating the National Action Plan for Combating Multidrug-Resistant Tuberculosis. </p> <p>The Government Accountability Office must periodically report to Congress on the impact of efforts to combat tuberculosis that are supported by U.S. bilateral assistance.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 288 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 288 To prevent, treat, and cure tuberculosis globally. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Menendez (for himself and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To prevent, treat, and cure tuberculosis globally. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``End Tuberculosis Now Act of 2023''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Tuberculosis (referred to in the Act as ``TB'') is a preventable, treatable, and curable disease, yet more than 25 years after the World Health Organization declared it to be a public health emergency and called on countries to make scaling up TB control a priority, TB remains a deadly health threat. (2) In 2021 alone, an estimated 10,600,000 people became ill with TB, 11 percent of whom were children, and an estimated 1,600,000 of these people died from the illness. In order to achieve by 2035 the goals of the Political Declaration of the High-Level Meeting of the General Assembly on the Fight Against Tuberculosis, adopted by the United Nations General Assembly October 10, 2018, and of the World Health Organization End TB Strategy, adopted by the World Health Assembly in 2014, new and existing tools must be developed and scaled-up. (3) More than \1/3\ of people who become ill with TB may be undiagnosed or misdiagnosed, resulting in unnecessary illness, communicable infections, and increased mortality. (4) Since March 2020, the COVID-19 pandemic has severely disrupted TB responses in low- and middle-income countries, stalling and reversing years of progress made against TB. According to the World Health Organization, from 2019 to 2020-- (A) global detection of TB dropped by 18 percent; (B) an estimated 1,300,000 fewer people were diagnosed and enrolled on TB treatment; and (C) in some countries, TB case notifications dropped by up to 41 percent, setting progress back by up to 12 years. (5) Failure to properly diagnose and treat TB can lead to death, can exacerbate antimicrobial resistance (a key contributor to rising cases of multi-drug-resistant TB and extensively drug-resistant TB), and can increase the probability of the introduction of resistant TB into new geographic areas. (6) TB programs have played a central role in responding to COVID-19, including through leveraging the expertise of medical staff with expertise in TB and lung diseases, the repurposing of TB hospitals, and the use of the TB rapid molecular testing platforms and x-ray equipment for multiple purposes, including the treatment of COVID-19. (7) With sufficient resourcing, TB program expertise, infection control, laboratory capacity, active case finding, and contact investigation can serve as platforms for respiratory pandemic response against existing and new infectious respiratory disease without disrupting ongoing TB programs and activities. (8) Globally, only about \1/2\ of the $13,000,000,000 required annually, as outlined in the Stop TB Partnership's Global Plan to End TB, is currently available. (9) According to estimates by the Global Fund for AIDS, Tuberculosis, and Malaria, an additional $3,500,000,000 was needed during 2021 for TB programs in eligible countries in order to recover from the negative impacts of COVID-19. (10) On September 26, 2018, the United Nations convened the first High-Level Meeting of the General Assembly on the Fight Against Tuberculosis, during which 120 countries-- (A) signed a Political Declaration to accelerate progress against TB, including through commitments to increase funding for TB prevention, diagnosis, treatment, and research and development programs, and to set ambitious goals to successfully treat 40,000,000 people with active TB and prevent at least 30,000,000 from becoming ill with TB between 2018 and 2022; and (B) committed to ``ending the epidemic in all countries, and pledge[d] to provide leadership and to work together to accelerate our national and global collective actions, investments and innovations urgently to fight this preventable and treatable disease'', as reflected in United Nations General Assembly Resolution 73/3. (11) The United States Government continues to be a lead funder of global TB research and development, contributing 44 percent of the total $915,000,000 in global funding in 2020, and can catalyze more investments from other countries. (12) Working with governments and partners around the world, USAID's TB programming has saved an estimated 74,000,000 lives, demonstrating the effectiveness of United States programs and activities against the illness. (13) On September 26, 2018, the USAID Administrator announced a new performance-based Global Accelerator to End TB, aimed at catalyzing investments to meet the treatment target set by the United Nations High-Level Meeting, further demonstrating the critical role that United States leadership and assistance plays in the fight to eliminate TB. (14) It is essential to ensure that efforts among United States Government agencies, partner nations, international organizations, nongovernmental organizations, the private sector, and other actors are complementary and not duplicative in order to achieve the goal of ending the TB epidemic in all countries. SEC. 3. UNITED STATES GOVERNMENT ASSISTANCE TO COMBAT TUBERCULOSIS. Section 104B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-3) is amended to read as follows: ``SEC. 104B. ASSISTANCE TO COMBAT TUBERCULOSIS. ``(a) Findings.--Congress makes the following findings: ``(1) The international spread of tuberculosis (referred to in this section as `TB') and the deadly impact of TB's continued existence constitutes a continuing challenge. ``(2) Additional tools and resources are required to effectively diagnose, prevent, and treat TB. ``(3) Effectively resourced TB programs can serve as a critical platform for preventing and responding to future infectious respiratory disease pandemics. ``(b) Policy.-- ``(1) In general.--It is a major objective of the foreign assistance program of the United States to help end the TB public health emergency through accelerated actions-- ``(A) to support the diagnosis and treatment of all adults and children with all forms of TB; and ``(B) to prevent new TB infections from occurring. ``(2) Support for global plans and objectives.--In countries in which the United States Government has established foreign assistance programs under this Act, particularly in countries with the highest burden of TB and other countries with high rates of infection and transmission of TB, it is the policy of the United States-- ``(A) to support the objectives of the World Health Organization End TB Strategy, including its goals-- ``(i) to reduce TB deaths by 95 percent by 2035; ``(ii) to reduce the TB incidence rate by 90 percent by 2035; and ``(iii) to reduce the number of families facing catastrophic health costs due to TB by 100 percent by 2035; ``(B) to support the Stop TB Partnership's Global Plan to End TB 2023-2030, including by providing support for-- ``(i) developing and using innovative new technologies and therapies to increase active case finding and rapidly diagnose and treat children and adults with all forms of TB, alleviate suffering, and ensure TB treatment completion; ``(ii) expanding diagnosis and treatment in line with the goals established by the Political Declaration of the High-Level Meeting of the General Assembly on the Fight Against Tuberculosis, including-- ``(I) successfully treating 40,000,000 people with active TB by 2023, including 3,500,000 children, and 1,500,000 people with drug-resistant TB; and ``(II) diagnosing and treating latent tuberculosis infection, in support of the global goal of providing preventive therapy to at least 30,000,000 people by 2023, including 4,000,000 children younger than 5 years of age, 20,000,000 household contacts of people affected by TB, and 6,000,000 people living with HIV; ``(iii) ensuring high-quality TB care by closing gaps in care cascades, implementing continuous quality improvement at all levels of care, and providing related patient support; and ``(iv) sustainable procurements of TB commodities to avoid interruptions in supply, the procurement of commodities of unknown quality, or payment of excessive commodity costs in countries impacted by TB; and ``(C) to ensure, to the greatest extent practicable, that United States funding supports activities that simultaneously emphasize-- ``(i) the development of comprehensive person-centered programs, including diagnosis, treatment, and prevention strategies to ensure that-- ``(I) all people sick with TB receive quality diagnosis and treatment through active case finding; and ``(II) people at high risk for TB infection are found and treated with preventive therapies in a timely manner; ``(ii) robust TB infection control practices are implemented in all congregate settings, including hospitals and prisons; ``(iii) the deployment of diagnostic and treatment capacity-- ``(I) in areas with the highest TB burdens; and ``(II) for highly at-risk and impoverished populations, including patient support services; ``(iv) program monitoring and evaluation based on critical TB indicators, including indicators relating to infection control, the numbers of patients accessing TB treatment and patient support services, and preventative therapy for those at risk, including all close contacts, and treatment outcomes for all forms of TB; ``(v) training and engagement of health care workers on the use of new diagnostic tools and therapies as they become available, and increased support for training frontline health care workers to support expanded TB active case finding, contact tracing, and patient support services; ``(vi) coordination with domestic agencies and organizations to support an aggressive research agenda to develop vaccines as well as new tools to diagnose, treat, and prevent TB globally; ``(vii) linkages with the private sector on-- ``(I) research and development of a vaccine, and on new tools for diagnosis and treatment of TB; ``(II) improving current tools for diagnosis and treatment of TB, including telehealth solutions for prevention and treatment; and ``(III) training healthcare professionals on use of the newest and most effective diagnostic and therapeutic tools; ``(viii) the reduction of barriers to care, including stigma and treatment and diagnosis costs, including through-- ``(I) training health workers; ``(II) sensitizing policy makers; ``(III) requiring that all relevant grants and funding agreements include access and affordability provisions; ``(IV) supporting education and empowerment campaigns for TB patients regarding local TB services; ``(V) monitoring barriers to accessing TB services; and ``(VI) increasing support for patient-led and community-led TB outreach efforts; ``(ix) support for country-level, sustainable accountability mechanisms and capacity to measure progress and ensure that commitments made by governments and relevant stakeholders are met; and ``(x) support for the integration of TB diagnosis, treatment, and prevention activities into primary health care, as appropriate. ``(c) Definitions.--In this section: ``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives. ``(2) End tb strategy.--The term `End TB Strategy' means the strategy to eliminate TB that was approved by the World Health Assembly in May 2014, and is described in `The End TB Strategy: Global Strategy and Targets for Tuberculosis Prevention, Care and Control After 2015'. ``(3) Global alliance for tuberculosis drug development.-- The term `Global Alliance for Tuberculosis Drug Development' means the public-private partnership that bring together leaders in health, science, philanthropy, and private industry to devise new approaches to TB. ``(4) Global tuberculosis drug facility.--The term `Global Tuberculosis Drug Facility' means the initiative of the Stop Tuberculosis Partnership to increase access to the most advanced, affordable, quality-assured TB drugs and diagnostics. ``(5) MDR-TB.--The term `MDR-TB' means multi-drug-resistant TB. ``(6) Stop tuberculosis partnership.--The term `Stop Tuberculosis Partnership' means the partnership of 1,600 organizations (including international and technical organizations, government programs, research and funding agencies, foundations, nongovernmental organizations, civil society and community groups, and the private sector), donors, including the United States, high TB burden countries, multilateral agencies, and nongovernmental and technical agencies, which is governed by the Stop TB Partnership Coordinating Board and hosted by a United Nations entity, committed to short- and long-term measures required to control and eventually eliminate TB as a public health problem in the world. ``(7) XDR-TB.--The term `XDR-TB' means extensively drug- resistant TB. ``(d) Authorization.--To carry out this section, the President is authorized, consistent with section 104(c), to furnish assistance, on such terms and conditions as the President may determine, for the prevention, treatment, control, and elimination of TB. ``(e) Goals.--In consultation with the appropriate congressional committees, the President shall establish goals, based on the policy and indicators described in subsection (b), for-- ``(1) United States TB programs to detect, cure, and prevent all forms of TB globally for the period between 2023 and 2030 that are aligned with the End TB Strategy's 2030 targets and the USAID's Global Tuberculosis (TB) Strategy 2023- 2030; and ``(2) updating the National Action Plan for Combating Multidrug-Resistant Tuberculosis. ``(f) Coordination.-- ``(1) In general.--In carrying out this section, the President shall coordinate with the World Health Organization, the Stop TB Partnership, the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other organizations with respect to the development and implementation of a comprehensive global TB response program. ``(2) Bilateral assistance.--In providing bilateral assistance under this section, the President, acting through the Administrator of the United States Agency for International Development, shall-- ``(A) catalyze support for research and development of new tools to prevent, diagnose, treat, and control TB worldwide, particularly to reduce the incidence of, and mortality from, all forms of drug-resistant TB; ``(B) ensure United States programs and activities focus on finding individuals with active TB disease and provide quality diagnosis and treatment, including through digital health solutions, and reaching those at high risk with preventive therapy; and ``(C) ensure coordination among relevant United States Government agencies, including the Department of State, the Centers for Disease Control and Prevention, the National Institutes of Health, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the National Science Foundation, the Department of Defense (through its Congressionally Directed Medical Research Programs), and other relevant Federal departments and agencies that engage in international TB activities-- ``(i) to ensure accountability and transparency; ``(ii) to reduce duplication of efforts; and ``(iii) to ensure appropriate integration and coordination of TB services into other United States-supported health programs. ``(g) Priority To End TB Strategy.--In furnishing assistance under subsection (d), the President shall prioritize-- ``(1) building and strengthening TB programs-- ``(A) to increase the diagnosis and treatment of everyone who is sick with TB; and ``(B) to ensure that such individuals have access to quality diagnosis and treatment; ``(2) direct, high-quality integrated services for all forms of TB, as described by the World Health Organization, which call for the coordination of active case finding, treatment of all forms of TB disease and infection, patient support, and TB prevention; ``(3) treating individuals co-infected with HIV and other co-morbidities, and other individuals with TB who may be at risk of stigma; ``(4) strengthening the capacity of health systems to detect, prevent, and treat TB, including MDR-TB and XDR-TB, as described in the latest international guidance related to TB; ``(5) researching and developing innovative diagnostics, drug therapies, and vaccines, and program-based research; ``(6) support for the Stop Tuberculosis Partnership's Global Drug Facility, the Global Alliance for Tuberculosis Drug Development, and other organizations promoting the development of new products and drugs for TB; and ``(7) ensuring that TB programs can serve as key platforms for supporting national respiratory pandemic response against existing and new infectious respiratory disease. ``(h) Assistance for the World Health Organization and the Stop Tuberculosis Partnership.--In carrying out this section, the President, acting through the Administrator of the United States Agency for International Development, is authorized-- ``(1) to provide resources to the World Health Organization and the Stop Tuberculosis Partnership to improve the capacity of countries with high burdens or rates of TB and other affected countries to implement the End TB Strategy, the Stop TB Global Plan to End TB, their own national strategies and plans, other global efforts to control MDR-TB and XDR-TB; and ``(2) to leverage the contributions of other donors for the activities described in paragraph (1). ``(i) Annual Report on TB Activities.--Not later than December 15 of each year until the earlier of the date on which the goals specified in subsection (b)(2)(A) are met or the last day of 2030, the President shall submit an annual report to the appropriate congressional committees that describes United States foreign assistance to control TB and the impact of such efforts, including-- ``(1) the number of individuals with active TB disease that were diagnosed and treated, including the rate of treatment completion and the number receiving patient support; ``(2) the number of persons with MDR-TB and XDR-TB that were diagnosed and treated, including the rate of completion, in countries receiving United States bilateral foreign assistance for TB control programs; ``(3) the number of people trained by the United States Government in TB surveillance and control; ``(4) the number of individuals with active TB disease identified as a result of engagement with the private sector and other nongovernmental partners in countries receiving United States bilateral foreign assistance for TB control programs; ``(5) a description of the collaboration and coordination of United States anti-TB efforts with the World Health Organization, the Stop TB Partnership, the Global Fund to Fight AIDS, Tuberculosis and Malaria, and other major public and private entities; ``(6) a description of the collaboration and coordination among the United States Agency for International Development and other United States departments and agencies, including the Centers for Disease Control and Prevention and the Office of the Global AIDS Coordinator, for the purposes of combating TB and, as appropriate, its integration into primary care; ``(7) the constraints on implementation of programs posed by health workforce shortages, health system limitations, barriers to digital health implementation, other challenges to successful implementation, and strategies to address such constraints; ``(8) a breakdown of expenditures for patient services supporting TB diagnosis, treatment, and prevention, including procurement of drugs and other commodities, drug management, training in diagnosis and treatment, health systems strengthening that directly impacts the provision of TB services, and research; and ``(9) for each country, and when practicable, each project site receiving bilateral United States assistance for the purpose of TB prevention, treatment, and control-- ``(A) a description of progress toward the adoption and implementation of the most recent World Health Organization guidelines to improve diagnosis, treatment, and prevention of TB for adults and children, disaggregated by sex, including the proportion of health facilities that have adopted the latest World Health Organization guidelines on strengthening monitoring systems and preventative, diagnostic, and therapeutic methods, including the use of rapid diagnostic tests and orally administered TB treatment regimens; ``(B) the number of individuals screened for TB disease and the number evaluated for TB infection using active case finding outside of health facilities; ``(C) the number of individuals with active TB disease that were diagnosed and treated, including the rate of treatment completion and the number receiving patient support; ``(D) the number of adults and children, including people with HIV and close contacts, who are evaluated for TB infection, the number of adults and children started on treatment for TB infection, and the number of adults and children completing such treatment, disaggregated by sex and, as possible, income or wealth quintile; ``(E) the establishment of effective TB infection control in all relevant congregant settings, including hospitals, clinics, and prisons; ``(F) a description of progress in implementing measures to reduce TB incidence, including actions-- ``(i) to expand active case finding and contact tracing to reach vulnerable groups; and ``(ii) to expand TB preventive therapy, engagement of the private sector, and diagnostic capacity; ``(G) a description of progress to expand diagnosis, prevention, and treatment for all forms of TB, including in pregnant women, children, and individuals and groups at greater risk of TB, including migrants, prisoners, miners, people exposed to silica, and people living with HIV/AIDS, disaggregated by sex; ``(H) the rate of successful completion of TB treatment for adults and children, disaggregated by sex, and the number of individuals receiving support for treatment completion; ``(I) the number of people, disaggregated by sex, receiving treatment for MDR-TB, the proportion of those treated with the latest regimens endorsed by the World Health Organization, factors impeding scale up of such treatment, and a description of progress to expand community-based MDR-TB care; ``(J) a description of TB commodity procurement challenges, including shortages, stockouts, or failed tenders for TB drugs or other commodities; ``(K) the proportion of health facilities with specimen referral linkages to quality diagnostic networks, including established testing sites and reference labs, to ensure maximum access and referral for second line drug resistance testing, and a description of the turnaround time for test results; ``(L) the number of people trained by the United States Government to deliver high-quality TB diagnostic, preventative, monitoring, treatment, and care services; ``(M) a description of how supported activities are coordinated with-- ``(i) country national TB plans and strategies; and ``(ii) TB control efforts supported by the Global Fund to Fight AIDS, Tuberculosis, and Malaria, and other international assistance programs and funds, including in the areas of program development and implementation; and ``(N) for the first 3 years of the report required under this subsection, a description of the progress in recovering from the negative impact of COVID-19 on TB, including-- ``(i) whether there has been the development and implementation of a comprehensive plan to recover TB activities from diversion of resources; ``(ii) the continued use of bidirectional TB-COVID testing; and ``(iii) progress on increased diagnosis and treatment of active TB. ``(j) Annual Report on TB Research and Development.--The President, acting through the Administrator of the United States Agency for International Development, and in coordination with the National Institutes of Health, the Centers for Disease Control and Prevention, the Biomedical Advanced Research and Development Authority, the Food and Drug Administration, the National Science Foundation, and the Office of the Global AIDS Coordinator, shall submit to the appropriate congressional committees until 2030 an annual report that-- ``(1) describes the current progress and challenges to the development of new tools for the purpose of TB prevention, treatment, and control; ``(2) identifies critical gaps and emerging priorities for research and development, including for rapid and point-of-care diagnostics, shortened treatments and prevention methods, telehealth solutions for prevention and treatment, and vaccines; and ``(3) describes research investments by type, funded entities, and level of investment. ``(k) Evaluation Report.--Not later than 3 years after the date of the enactment of the End Tuberculosis Now Act of 2023, and 5 years thereafter, the Comptroller General of the United States shall submit a report to the appropriate congressional committees that evaluates the performance and impact on TB prevention, diagnosis, treatment, and care efforts that are supported by United States bilateral assistance funding, including recommendations for improving such programs.''. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S289
Genomics Data Security Act
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><strong>Genomics Data Security Act</strong></p> <p>This bill establishes requirements and otherwise directs the National Institutes of Health (NIH) to take actions to address national security concerns in genomic and other research.</p> <p>Specifically, the bill prohibits the use of NIH funds by any Chinese company (or its subcontractors or subsidiaries). This includes companies (1) over which the Chinese government, a Chinese national, or an entity organized under Chinese law exercises control; or (2) in which the Chinese government has a substantial interest. It also requires, as a condition of certification, that clinical laboratories that have access to U.S. health data disclose ties to the Chinese government.</p> <p>In addition, the NIH must incorporate national security issues in its strategic plan and report annually on any improperly disclosed, vetted, or approved ties that NIH-funded researchers have to foreign governments.</p> <p>Furthermore, the Department of Health and Human Services must establish a working group to update the NIH's Genomic Data Sharing Policy with respect to intellectual property, national security, and privacy concerns.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 289 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 289 To improve national security at the National Institutes of Health, to address national security issues in the licensure of biological products, to address national security considerations in research at the Department of Health and Human Services, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To improve national security at the National Institutes of Health, to address national security issues in the licensure of biological products, to address national security considerations in research at the Department of Health and Human Services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Genomics Data Security Act''. SEC. 2. MODERNIZING THE NATIONAL INSTITUTES OF HEALTH'S APPROACH TO NATIONAL SECURITY. Section 402(m)(2) of the Public Health Service Act (42 U.S.C. 282(m)(2)) is amended-- (1) in subparagraph (E), by striking ``; and'' and inserting a semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) address national security issues, including ways in which the National Institutes of Health can engage with other Federal agencies to modernize the national security strategy of the National Institutes of Health; and''. SEC. 3. UTILIZATION OF GENOMIC SEQUENCING SERVICES BY THE NATIONAL INSTITUTES OF HEALTH. Notwithstanding any other provision of law, no amounts made available to the National Institutes of Health may be used with respect to activities carried out by any company or its subcontractors or subsidiaries-- (1) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People's Republic of China, or an entity organized under the laws of the People's Republic of China; or (2) in which the Government of the People's Republic of China has a substantial interest. SEC. 4. NATIONAL SECURITY CONSIDERATIONS THROUGH LICENSURE. Section 353 of the Public Health Service Act (42 U.S.C. 263a) is amended-- (1) by redesignating subsection (q) as subsection (r); and (2) by inserting after subsection (p) the following: ``(q) Ties to the People's Republic of China.-- ``(1) In general.--Each certificate issued by the Secretary under this section shall state whether-- ``(A) the laboratory; ``(B) the company that owns or manages the laboratory; or ``(C) any subcontractors or subsidiaries of such a laboratory or company, is an entity described in paragraph (2). ``(2) Entity described.--An entity described in this paragraph is an entity-- ``(A)(i) that is engaged in the biological, microbiological, serological, chemical, immuno- hematological, hematological, biophysical, cytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, people of the United States; or ``(ii) that handles or has access to any data related to people of the United States that is derived from any activity described in clause (i); and ``(B)(i) over which control is exercised or exercisable by the Government of the People's Republic of China, a national of the People's Republic of China, or an entity organized under the laws of the People's Republic of China; or ``(ii) in which the Government of the People's Republic of China has a substantial interest.''. SEC. 5. NIH GRANTEE TIES TO FOREIGN GOVERNMENTS. Title IV of the Public Health Service Act is amended by inserting after section 403C (42 U.S.C. 283a-2) the following: ``SEC. 403C-1. ANNUAL REPORTING REGARDING GRANTEE TIES TO FOREIGN GOVERNMENTS. ``(a) In General.--On an annual basis, the Director of NIH shall submit to the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate, and to the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives, a report on any ties to foreign governments that researchers funded by grants from the National Institutes of Health have and that are not properly disclosed, vetted, and approved by the National Institutes of Health, including the status of any ongoing National Institutes of Health compliance reviews related to such ties and all administrative actions taken to address such concerns. ``(b) Requirement.--The Committees receiving the reports under subsection (a) shall keep confidential, and shall not release, any provision of such a report that is related to an ongoing National Institutes of Health compliance review.''. SEC. 6. NATIONAL SECURITY CONSIDERATIONS IN RESEARCH. (a) Establishment of Working Group.--Not later than 120 days after the date of enactment of this Act, the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a working group (in this Act referred to as the ``Working Group'') in the Department of Health and Human Services to make recommended updates to the National Institute of Health's Genomic Data Sharing Policy and to that end, develop and disseminate best practices on data sharing for use by entities engaged in biomedical research and international collaboration to enable both academic, public, and private institutions to-- (1) protect intellectual property; (2) weigh the national security risks of potential partnerships where sensitive health information (for purposes of this Act, as defined by the Health IT Policy Committee), of the people of the United States is exchanged; and (3) protect the sensitive health information of the people of the United States. (b) Membership.-- (1) Composition.--The Secretary shall, after consultation with the Director of the National Science Foundation and the Attorney General, appoint to the Working Group-- (A) individuals with knowledge and expertise in data privacy or security, data-sharing, national security, or the uses of genomic technology and information in clinical or non-clinical research; (B) representatives of national associations representing biomedical research institutions and academic societies; (C) representatives of at least 2 major genomics research organizations from the private sector; and (D) representatives of any other entities the Secretary determines appropriate and necessary to develop the best practices described in subsection (a). (2) Representation.--In addition to the members described in paragraph (1), the Working Group shall include not less than one representative of each of the following: (A) The National Institutes of Health. (B) The Bureau of Industry and Security of the Department of Commerce. (C) The National Academies of Science, Engineering, and Medicine. (D) The Department of State. (E) The Department of Justice. (F) The Federal Health IT Coordinating Council. (G) The Office of the National Coordinator for Health Information Technology. (H) The Defense Advanced Research Projects Agency. (I) The Department of Energy. (3) Date.--The appointments of the members of the Working Group shall be made not later than 90 days after the date of enactment of this Act. (c) Duties of Working Group.-- (1) Study.--The Working Group shall study-- (A) the transfer of data between private, public, and academic institutions that partake in science and technology research and their research partners, with a focus on entities of the People's Republic of China and other foreign entities of concern, including a review of what circumstances would constitute a transfer of data; (B) best practices regarding data protection to help private, public, and academic institutions that partake in biomedical research decide how to weigh and factor national security into their partnership decisions and, through research collaborations, what steps the institutions can take to safeguard data, particularly genomic data; (C) recommendations regarding areas where Federal agencies can coordinate to increase education to such private and academic research institutions that partake in science and technology research to ensure the institutions can better protect themselves from economic threats with a strengthened understanding of intellectual property rights, research ethics, and the risk of intellectual property theft, as well as education on how to recognize and report such threats; and (D) other risks and best practices related to information and data sharing, as identified by the Working Group, including any gaps in current practice that could be addressed by congressional action. (2) Report.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, the Working Group shall submit a report that contains a detailed statement of the findings and conclusions of the Working Group, together with recommendations to update the National Institute of Health's Genomic Data Sharing Policy and subsequent nonbinding guidance regarding risks and safeguards for data sharing with foreign entities for research institutions in the field, to-- (i) the Secretary of Health and Human Services; (ii) the President; (iii) the Committee on Health, Education, Labor, and Pensions, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and (iv) the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives. (B) Guidance.--The guidance provided under subparagraph (A) shall include non-binding guidance for entities that utilize genomic technologies, such as whole genomic sequencing, for use in research or other types of sensitive health information, as defined by the Secretary. (3) Requirements.--In carrying out the duties of this subsection, the Working Group shall consider all existing Federal guidance and grant requirements (as of the date of consideration), particularly with regard to foreign influences and research integrity, and ensure that all recommended updates to the Genomic Data Sharing Policy and subsequent best practices put forward by the working group not duplicate or conflict with existing guidance, as of the date of publication. (d) Powers of Working Group.-- (1) Hearings.--The Working Group may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Working Group considers advisable to carry out this Act. (2) Information from federal agencies.-- (A) In general.--The Working Group may secure directly from a Federal department or agency such information as the Working Group considers necessary to carry out this Act. (B) Furnishing information.--On request of a majority of the members of the Working Group, the head of the department or agency shall furnish the information to the Working Group. (3) Postal services.--The Working Group may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (e) Termination of Working Group.--The Working Group shall terminate 90 days after the date on which the Working Group submits the report required under subsection (c)(2). &lt;all&gt; </pre></body></html>
[ "Health", "Asia", "China", "Congressional oversight", "Department of Health and Human Services", "Executive agency funding and structure", "Genetics", "Government studies and investigations", "Health facilities and institutions", "Health information and medical records", "Health programs administration and funding", "Health promotion and preventive care", "Higher education", "Intellectual property", "International organizations and cooperation", "Licensing and registrations", "Medical ethics", "Medical research", "Medical tests and diagnostic methods", "National Institutes of Health (NIH)", "Research administration and funding", "Research ethics" ]
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118S29
AMERICANS Act
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<p><b>Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023 or the AMERICANS Act</b></p> <p>This bill prohibits the Department of Defense (DOD) from issuing any COVID-19 vaccine mandate as a replacement for the rescinded vaccine mandate of August 24, 2021, unless the mandate is expressly authorized by Congress. The bill also provides that DOD must establish an application process for remedies for members of the Armed Forces who were discharged or subject to adverse action under the rescinded mandate.</p> <p>Any administrative discharge of a member on the sole basis of a failure to receive a COVID-19 vaccine must be categorized as an honorable discharge, and DOD is prohibited from taking any adverse action against such a member for that reason.</p> <p>Under the bill, DOD must try to retain unvaccinated members and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers. </p> <p>Additionally, DOD may only consider the COVID-19 vaccination status of members in making certain decisions (e.g., deployments in countries where it is the law) and must establish a process to provide exemptions to certain members for such decisions.</p> <p>This bill applies to all members of the Armed Forces, regardless of whether they sought an accommodation to any DOD COVID-19 vaccination policy.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 29 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 29 To provide remedies to members of the Armed Forces discharged or subject to adverse action under the COVID-19 vaccine mandate. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Cruz (for himself, Mr. Graham, Mr. Crapo, Mr. Risch, Mr. Cramer, Mrs. Blackburn, Mr. Marshall, Mr. Lee, Mr. Scott of Florida, Mrs. Hyde- Smith, Mr. Braun, Mr. Daines, Mr. Paul, Mr. Rubio, Mr. Lankford, Mr. Johnson, Mr. Hoeven, Mr. Hawley, and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To provide remedies to members of the Armed Forces discharged or subject to adverse action under the COVID-19 vaccine mandate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Allowing Military Exemptions, Recognizing Individual Concerns About New Shots Act of 2023'' or the ``AMERICANS Act''. SEC. 2. REMEDIES FOR MEMBERS OF THE ARMED FORCES DISCHARGED OR SUBJECT TO ADVERSE ACTION UNDER THE COVID-19 VACCINE MANDATE. (a) Limitation on Imposition of New Mandate.--The Secretary of Defense may not issue any COVID-19 vaccine mandate as a replacement for the mandate rescinded under section 525 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 absent a further Act of Congress expressly authorizing a replacement mandate. (b) Remedies.--Section 736 of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117-81; 10 U.S.C. 1161 note prec.) is amended-- (1) in the section heading, by striking ``to obey lawful order to receive'' and inserting ``to receive''; (2) in subsection (a)-- (A) by striking ``a lawful order'' and inserting ``an order''; and (B) by striking ``shall be'' and all that follows through the period at the end and inserting ``shall be an honorable discharge.''; (3) by redesignating subsection (b) as subsection (e); and (4) by inserting after subsection (a) the following new subsections: ``(b) Prohibition on Adverse Action.--The Secretary of Defense may not take any adverse action against a covered member based solely on the refusal of such member to receive a vaccine for COVID-19. ``(c) Remedies Available for a Covered Member Discharged or Subject to Adverse Action Based on COVID-19 Status.--At the election of a covered member discharged or subject to adverse action based on the member's COVID-19 vaccination status, and upon application through a process established by the Secretary of Defense, the Secretary shall-- ``(1) adjust to `honorable discharge' the status of the member if-- ``(A) the member was separated from the Armed Forces based solely on the failure of the member to obey an order to receive a vaccine for COVID-19; and ``(B) the discharge status of the member would have been an `honorable discharge' but for the refusal to obtain such vaccine; ``(2) reinstate the member to service at the highest grade held by the member immediately prior to the involuntary separation, allowing, however, for any reduction in rank that was not related to the member's COVID-19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; ``(3) for any member who was subject to any adverse action other than involuntary separation based solely on the member's COVID-19 vaccination status-- ``(A) restore the member to the highest grade held prior to such adverse action, allowing, however, for any reduction in rank that was not related to the member's COVID-19 vaccination status, with an effective date of reinstatement as of the date of involuntary separation; and ``(B) compensate such member for any pay and benefits lost as a result of such adverse action; ``(4) expunge from the service record of the member any adverse action, to include non-punitive adverse action and involuntary separation, as well as any reference to any such adverse action, based solely on COVID-19 vaccination status; and ``(5) include the time of involuntary separation of the member reinstated under paragraph (2) in the computation of the retired or retainer pay of the member. ``(d) Retention and Development of Unvaccinated Members.--The Secretary of Defense shall-- ``(1) make every effort to retain covered members who are not vaccinated against COVID-19 and provide such members with professional development, promotion and leadership opportunities, and consideration equal to that of their peers; ``(2) only consider the COVID-19 vaccination status of a covered member in making deployment, assignment, and other operational decisions where-- ``(A) the law or regulations of a foreign country require covered members to be vaccinated against COVID- 19 in order to enter that country; and ``(B) the covered member's presence in that foreign country is necessary in order to perform their assigned role; and ``(3) for purposes of deployments, assignments, and operations described in paragraph (2), create a process to provide COVID-19 vaccination exemptions to covered members with-- ``(A) a natural immunity to COVID-19; ``(B) an underlying health condition that would make COVID-19 vaccination a greater risk to that individual than the general population; or ``(C) sincerely held religious beliefs in conflict with receiving the COVID-19 vaccination. ``(e) Applicability of Remedies Contained in This Section.--The prohibitions and remedies described in this section shall apply to covered members regardless of whether or not they sought an accommodation to any Department of Defense COVID-19 vaccination policy on any grounds.''. &lt;all&gt; </pre></body></html>
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118S290
Preserving Our Commitment to Homeless Veterans Act
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 290 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 290 To amend title 38, United States Code, to require the Secretary of Veterans Affairs to ensure that the supported housing program of the Department of Veterans Affairs has not fewer than one program manager for every 35 rental assistance cases under such program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to require the Secretary of Veterans Affairs to ensure that the supported housing program of the Department of Veterans Affairs has not fewer than one program manager for every 35 rental assistance cases under such program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Our Commitment to Homeless Veterans Act''. SEC. 2. STAFFING OF PROGRAM MANAGERS FOR SUPPORTED HOUSING PROGRAM OF DEPARTMENT OF VETERANS AFFAIRS. (a) Staffing.--Section 2003(b) of title 38, United States Code, is amended-- (1) by inserting ``(1)'' before ``The Secretary''; and (2) by adding at the end the following new paragraph: ``(2) The Secretary shall provide case management support whenever requested by a local housing authority under the program described in paragraph (1). ``(3)(A) Except as provided in subparagraph (B), the Secretary shall ensure that in each fiscal year no case manager is concurrently assigned to more than 35 veterans under this subsection. ``(B) The Secretary may waive the requirement of subparagraph (A) for a particular case manager in a particular fiscal year as the Secretary considers appropriate. ``(C) Not less frequently than once each fiscal year, the Secretary shall submit to Congress a report on the waivers made by the Secretary under subparagraph (B) in the previous fiscal year. Each report shall include a description of the circumstances under which each waiver was made. ``(4) The Secretary shall ensure that each veteran to whom a case manager is assigned under this subsection is located within such distance of the case manager as the Secretary considers reasonable. ``(5)(A) In any case in which a position within the Veterans Health Administration for a case manager described in paragraph (1) is vacant for a period of 180 days or more, the Secretary shall seek to enter into a contract with a local service provider with knowledge and expertise applicable to a case manager in such position to furnish the case management services that would otherwise be provided by a case manager in such position. ``(B) The requirement in subparagraph (A) to seek to enter into a contract shall cease to apply if the Secretary fills the vacancy referred to in such subparagraph.''. (b) Limitation on Conversion of Funds.--The Secretary of Veterans Affairs may not convert any of the amounts appropriated or otherwise made available in a fiscal year to carry out section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) from a specific purpose program to a general purpose program unless the Secretary included a proposal to do so in the budget justification materials submitted to Congress in support of the Department of Veterans Affairs budget for such fiscal year (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code). &lt;all&gt; </pre></body></html>
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118S291
A bill to amend title 38, United States Code, to establish in the Department of Veterans Affairs the Veterans Economic Opportunity and Transition Administration, and for other purposes.
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "R000608", "Sen. Rosen, Jacky [D-NV]", "cosponsor" ] ]
<p>This bill establishes the Veterans Economic Opportunity and Transition Administration to administer economic opportunity assistance programs for veterans and their dependents and survivors.</p> <p>Specifically, the Veterans Economic Opportunity and Transition Administration must administer the following Department of Veterans Affairs (VA) programs: </p> <ul> <li>vocational rehabilitation and employment programs, </li> <li>educational assistance programs, </li> <li>veterans' housing loan and related programs, </li> <li>the Transition Assistance Program, and </li> <li>the database of small business concerns owned and controlled by veterans.</li> </ul> <p>Prior to the transfer of administrative responsibilities, the bill requires the VA to certify that (1) the transition of the provision of services will not negatively affect the provision of such services to veterans, and (2) such services are ready to be transferred. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 291 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 291 To amend title 38, United States Code, to establish in the Department of Veterans Affairs the Veterans Economic Opportunity and Transition Administration, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio (for himself, Mr. Scott of Florida, Ms. Hassan, and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to establish in the Department of Veterans Affairs the Veterans Economic Opportunity and Transition Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTABLISHMENT OF VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION. (a) Veterans Economic Opportunity and Transition Administration.-- (1) In general.--Part V of title 38, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 80--VETERANS ECONOMIC OPPORTUNITY AND TRANSITION ADMINISTRATION ``Sec. ``8001. Organization of Administration. ``8002. Functions of Administration. ``8003. Annual report to Congress. ``Sec. 8001. Organization of Administration ``(a) Veterans Economic Opportunity and Transition Administration.--There is in the Department of Veterans Affairs a Veterans Economic Opportunity and Transition Administration. The primary function of the Veterans Economic Opportunity and Transition Administration is the administration of the programs of the Department that provide assistance related to economic opportunity to veterans and their dependents and survivors. ``(b) Under Secretary for Economic Opportunity and Transition.--The Veterans Economic Opportunity and Transition Administration is under the Under Secretary for Veterans Economic Opportunity and Transition, who is directly responsible to the Secretary for the operations of the Administration. ``Sec. 8002. Functions of Administration ``The Veterans Economic Opportunity and Transition Administration is responsible for the administration of the following programs of the Department: ``(1) Vocational rehabilitation and employment programs. ``(2) Educational assistance programs. ``(3) Veterans' housing loan and related programs. ``(4) The verification of small businesses owned and controlled by veterans pursuant to subsection (f) of section 8127 of this title, including the administration of the database of veteran-owned businesses described in such subsection. ``(5) The Transition Assistance Program under section 1144 of title 10. ``(6) Any other program of the Department that the Secretary determines appropriate. ``Sec. 8003. Annual report to Congress ``The Secretary shall include in the annual report to the Congress required by section 529 of this title a report on the programs administered by the Under Secretary for Veterans Economic Opportunity and Transition. Each such report shall include the following with respect to each such program during the fiscal year covered by that report: ``(1) The number of claims received. ``(2) The number of claims decided. ``(3) The average processing time for a claim. ``(4) The number of successful outcomes (as determined by the Secretary). ``(5) The number of full-time equivalent employees. ``(6) The amounts expended for information technology.''. (2) Clerical amendments.--The tables of chapters at the beginning of title 38, United States Code, and of part V of title 38, United States Code, are each amended by inserting after the item relating to chapter 79 the following new item: ``80. Veterans Economic Opportunity and Transition 8001''. Administration. (b) Effective Date.--Chapter 80 of title 38, United States Code, as added by subsection (a), shall take effect on October 1, 2023. (c) Authorization for Appropriations for Veterans Benefits Administrations.--There is authorized to be appropriated for fiscal year 2023 for the General Operating Expenses account of the Veterans Benefits Administration $3,207,000,000. (d) Labor Rights.--Any labor rights, inclusion in the bargaining unit, and collective bargaining agreement that affects an employee of the Department of Veterans Affairs who is transferred to the Veterans Economic Opportunity and Transition Administration, as established under chapter 80 of title 38, United States Code, as added by subsection (a), shall apply in the same manner to such employee after such transfer. SEC. 2. UNDER SECRETARY FOR VETERANS ECONOMIC OPPORTUNITY AND TRANSITION. (a) Under Secretary.-- (1) In general.--Chapter 3 of title 38, United States Code, is amended by inserting after section 306 the following new section: ``Sec. 306A. Under Secretary for Veterans Economic Opportunity and Transition ``(a) Under Secretary.--There is in the Department an Under Secretary for Veterans Economic Opportunity and Transition, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary for Veterans Economic Opportunity and Transition shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in-- ``(1) information technology; and ``(2) the administration of programs within the Veterans Economic Opportunity and Transition Administration or programs of similar content and scope. ``(b) Responsibilities.--The Under Secretary for Veterans Economic Opportunity and Transition is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Economic Opportunity and Transition Administration. ``(c) Vacancies.--(1) Whenever a vacancy in the position of Under Secretary for Veterans Economic Opportunity and Transition occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. ``(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: ``(A) Three persons representing education and training, vocational rehabilitation, employment, real estate, mortgage finance and related industries, and survivor benefits activities affected by the Veterans Economic Opportunity and Transition Administration. ``(B) Two persons representing veterans served by the Veterans Economic Opportunity and Transition Administration. ``(C) Two persons who have experience in the management of private sector benefits programs of similar content and scope to the economic opportunity and transition programs of the Department. ``(D) The Deputy Secretary of Veterans Affairs. ``(E) The chairman of the Veterans' Advisory Committee on Education formed under section 3692 of this title. ``(F) One person who has held the position of Under Secretary for Veterans Economic Opportunity and Transition, if the Secretary determines that it is desirable for such person to be a member of the commission. ``(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Under Secretary for Veterans Economic Opportunity and Transition. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President and the Committees on Veterans' Affairs of the Senate and House of Representatives with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. ``(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 306 the following new item: ``306A. Under Secretary for Veterans Economic Opportunity and Transition.''. (b) Conforming Amendments.--Title 38, United States Code, is further amended-- (1) in section 306(c)(2), by striking subparagraphs (A) and (E) and redesignating subparagraphs (B), (C), (D), and (F), as subparagraphs (A) through (D), respectively; (2) in section 317(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (3) in section 318(d)(2), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (4) in section 516(e)(2)(C), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (5) in section 541(a)(2)(B), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (6) in section 542(a)(2)(B)(iii), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (7) in section 544(a)(2)(B)(vi), by striking ``Health and the Under Secretary for Benefits'' and inserting ``Health, the Under Secretary for Benefits, and the Under Secretary for Veterans Economic Opportunity and Transition''; (8) in section 709(c)(2)(A), by inserting after ``Under Secretary for Benefits,'' the following: ``the Under Secretary for Veterans Economic Opportunity and Transition,''; (9) in section 7701(a), by inserting after ``assistance'' the following: ``, other than assistance related to Economic Opportunity and Transition,''; and (10) in section 7703, by striking paragraphs (2) and (3) and redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively. (c) Effective Date.--Section 306A of title 38, United States Code, as added by subsection (a), and the amendments made by this section, shall take effect on October 1, 2023. SEC. 3. TRANSFER OF SERVICES. (a) Report to Congress.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans' Affairs shall submit to the Committee on Veterans Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the progress toward establishing the Veterans Economic Opportunity and Transition Administration, as established under section 8001 of title 38, United States Code, as added by section 1, and the transition of the provision of services to veterans by such Administration. (b) Certification.--The Secretary of Veterans Affairs may not transfer the function of providing any services to veterans to the Veterans Economic Opportunity and Transition Administration, as established under section 8001 of title 38, United States Code, as added by section 1, until the Secretary submits to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives certification that-- (1) the transition of the provision of services to such Administration will not negatively affect the provision of such services to veterans; and (2) such services are ready to be transferred. (c) Deadline for Certification.--The Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives the certification required by subsection (b)-- (1) no earlier than April 1, 2023; and (2) no later than September 1, 2023. (d) Failure To Certify.--If the Secretary fails to submit the certification required by subsection (b) by the date specified in subsection (c)(2), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that includes-- (1) the reason why the certification was not made by such date; and (2) the estimated date when the certification will be made. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Congressional oversight", "Department of Veterans Affairs", "Employment and training programs", "Executive agency funding and structure", "Federal officials", "Government employee pay, benefits, personnel management", "Government information and archives", "Labor-management relations", "Small business", "Veterans' education, employment, rehabilitation", "Veterans' loans, housing, homeless programs" ]
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118S292
Northern Border Regional Commission Reauthorization Act of 2023
[ [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "sponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "S000148", "Sen. Schumer, Charles E. [D-NY]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ] ]
<p><strong>Northern Border Regional Commission Reauthorization Act of 2023</strong></p> <p>This bill makes changes to the authorities and programs of regional economic and infrastructure development commissions.</p> <p> Specifically, the bill reauthorizes the Northern Border Regional Commission (NBRC) and establishes and expands NBRC grant programs. The NBRC must establish a state capacity building program to provide grants to commission states (Maine, New Hampshire, New York, and Vermont) to better support business retention and expansion in eligible counties and for other specified purposes. Each commission state shall provide to the NBRC an annual work plan that includes the proposed use of the grant. </p> <p> Additionally, the NBRC may make grants for the planning, construction, equipment, and operation of demonstration health, nutrition, and child care projects. Such grants must give special emphasis to projects and activities to address substance use disorders, including opioid and methamphetamine use.</p> <p> The bill authorizes these regional commissions (as part of economic and infrastructure development grants) to (1) design, build, implement, or upgrade transportation or basic public infrastructure or workforce capacity to support the adaptation to and mitigation of climate challenges; and (2) promote the production of housing to meet economic development and workforce needs.</p> <p>Each commission may accept transfers of funds from other federal agencies. Discretionary grants made by a commission to implement significant regional initiatives, to take advantage of special development opportunities, or to respond to emergency economic distress may be made without regard to specified percentage limitations. The bill limits the aggregate amount of discretionary grants.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 292 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 292 To amend title 40, United States Code, to modify certain requirements for Regional Commissions, to reauthorize the Northern Border Regional Commission, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mrs. Shaheen (for herself, Ms. Collins, Mr. Schumer, Mr. King, Mrs. Gillibrand, Mr. Welch, Ms. Hassan, and Mr. Sanders) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend title 40, United States Code, to modify certain requirements for Regional Commissions, to reauthorize the Northern Border Regional Commission, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Border Regional Commission Reauthorization Act of 2023''. SEC. 2. REGIONAL COMMISSIONS MODIFICATIONS. (a) Membership of Commissions.--Section 15301 of title 40, United States Code, is amended-- (1) in subsection (b)(2)(C)-- (A) by striking ``An alternate member'' and inserting the following: ``(i) In general.--An alternate member''; and (B) by adding at the end the following: ``(ii) State alternates.--If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable vote is to take place.''; and (2) in subsection (f), by striking ``a Federal employee'' and inserting ``an employee''. (b) Decisions of Commissions.--Section 15302 of title 40, United States Code, is amended-- (1) in subsection (a), by inserting ``or State alternate members, including designees'' after ``State members''; and (2) by striking subsection (c) and inserting the following: ``(c) Quorums.-- ``(1) In general.--Subject to paragraph (2), a Commission shall determine what constitutes a quorum for meetings of the Commission. ``(2) Requirements.--Any quorum for meetings of a Commission shall include-- ``(A) the Federal Cochairperson or the alternate Federal Cochairperson; and ``(B) a majority of State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)).''. (c) Administrative Powers and Expenses of Commissions.--Section 15304(a)(9) of title 40, United States Code, is amended by striking ``maintain a government relations office in the District of Columbia and''. (d) Meetings of Commissions.--Section 15305(b) of title 40, United States Code, is amended by striking ``with the Federal Cochairperson'' and all that follows through the period at the end and inserting the following: ``with-- ``(1) the Federal Cochairperson; and ``(2) at least a majority of the State members or alternate State members (including designees) present in-person or via electronic means.''. SEC. 3. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES. (a) In General.--Chapter 153 of subtitle V of title 40, United States Code, is amended-- (1) by redesignating section 15308 as section 15309; and (2) by inserting after section 15307 the following: ``Sec. 15308. Transfer of funds from other Federal agencies ``(a) In General.--Subject to subsection (c), for purposes of this subtitle, each Commission may accept transfers of funds from other Federal agencies. ``(b) Transfers.--Any Federal agency authorized to carry out an activity that is within the authority of a Commission may transfer to the Commission any appropriated funds for the activity. ``(c) Treatment.--Any funds transferred to a Commission under this section-- ``(1) shall remain available until expended; and ``(2) may, to the extent necessary to carry out this subtitle, be transferred to, and merged with, the amounts made available by appropriations Acts for the Commission by the Federal Cochairperson.''. (b) Clerical Amendment.--The analysis for chapter 153 of subtitle V of title 40, United States Code, is amended by striking the item relating to section 15308 and inserting the following: ``15308. Transfer of funds from other Federal agencies. ``15309. Annual reports.''. SEC. 4. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS. Section 15501 of title 40, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (9) as paragraphs (6) through (11), respectively; and (B) by inserting after paragraph (3) the following: ``(4) to design, build, implement, or upgrade transportation or basic public infrastructure or workforce capacity to support the adaption to and mitigation of climate challenges; ``(5) to promote the production of housing to meet economic development and workforce needs;''; and (2) in subsection (b), by striking ``paragraph (1), (2), (3), or (7)'' and inserting ``paragraph (1), (2), (3), (4), (5), (7), or (9)''. SEC. 5. FINANCIAL ASSISTANCE. (a) In General.--Chapter 155 of subtitle V of title 40, United States Code, is amended by adding at the end the following: ``Sec. 15507. Discretionary grants ``(a) Grants to Which Percentage Limitation Doesn't Apply.-- Discretionary grants made by a Commission to implement significant regional initiatives, to take advantage of special development opportunities, or to respond to emergency economic distress in the region of the Commission may be made without regard to the percentage limitations described in section 15501(d). ``(b) Limitation on Aggregate Amount.--For each fiscal year, the aggregate amount of discretionary grants referred to in subsection (a) shall not be more than 10 percent of the amount made available to carry out this subtitle for the fiscal year. ``Sec. 15508. Payment of non-Federal share for certain Federal grant programs ``Notwithstanding any other provision of law relating to payment of a non-Federal share of a project carried out under a Federal grant program, amounts made available to carry out this subtitle shall be available for the payment of such a non-Federal share for any project for which a Commission is not the sole or primary funding source, subject to the condition that the project is consistent with the purposes of the Commission.''. (b) Clerical Amendment.--The analysis for chapter 155 of subtitle V of title 40, United States Code, is amended by adding at the end the following: ``15507. Discretionary grants. ``15508. Payment of non-Federal share for certain Federal grant programs.''. SEC. 6. NORTHERN BORDER REGIONAL COMMISSION. (a) Counties in Maine and New Hampshire.--Section 15733 of title 40, United States Code, is amended-- (1) in paragraph (1), by inserting ``Lincoln,'' after ``Knox,''; and (2) in paragraph (2), by inserting ``Merrimack,'' after ``Grafton,''. (b) Authorization of Appropriations.--Section 15751 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: ``(a) In General.--There are authorized to be appropriated to each Commission to carry out this subtitle-- ``(1) $50,000,000 for each of fiscal years 2023 through 2027; and ``(2) $60,000,000 for each of fiscal years 2028 through 2032.''. SEC. 7. NORTHERN FOREST REGION PROGRAMS. (a) In General.--Subtitle V of title 40, United States Code, is amended by adding at the end the following: ``CHAPTER 159--NORTHERN FOREST REGION PROGRAMS ``Sec. 15901. Definitions ``In this chapter: ``(1) NBRC.--The term `NBRC' means the Northern Border Regional Commission established by section 15301(a)(3). ``(2) Northern forest region.--The term `Northern Forest region' means the counties included in the NBRC under section 15733. ``Sec. 15902. State capacity building grant program ``(a) Definitions.--In this section: ``(1) Commission state.--The term `Commission State' means each of the States of Maine, New Hampshire, New York, and Vermont. ``(2) Eligible county.--The term `eligible county' means a county described in section 15733. ``(3) Program.--The term `program' means the State capacity building grant program established under subsection (b). ``(b) Establishment.--The NBRC shall establish a State capacity building grant program to provide grants to Commission States to carry out the purpose under subsection (c). ``(c) Purpose.--The purpose of the program is to support the efforts of the NBRC-- ``(1) to better support business retention and expansion in eligible counties; ``(2) to create programs to encourage job creation and workforce development in eligible counties; ``(3) to prepare economic and infrastructure plans for eligible counties; ``(4) to expand access to high-speed broadband in eligible counties; ``(5) to provide technical assistance that results in NBRC investments in transportation, water, wastewater, and other critical infrastructure; ``(6) to create initiatives to increase the effectiveness of local development districts in eligible counties; and ``(7) to implement new or innovative economic development practices that will better position the eligible counties of Commission States to compete in the global economy. ``(d) Use of Funds.-- ``(1) In general.--Funds from a grant under the program may be used to support a project, program, or related expense of the Commission State in an eligible county. ``(2) Limitation.--Funds from a grant under the program shall not be used for-- ``(A) the purchase of furniture, fixtures, or equipment; ``(B) the compensation of-- ``(i) any State member of the Commission (as described in section 15301(b)(1)(B)); or ``(ii) any State alternate member of the Commission (as described in section 15301(b)(2)(B)); or ``(C) the cost of supplanting existing State programs. ``(e) Annual Work Plan.-- ``(1) In general.--For each fiscal year, before providing a grant under the program, each Commission State shall provide to the NBRC an annual work plan that includes the proposed use of the grant. ``(2) Approval.--No grant under the program shall be provided to a Commission State unless the NBRC has approved the annual work plan of the State. ``(f) Amount of Grant.-- ``(1) In general.--The amount of a grant provided to a Commission State under the program for a fiscal year shall be based on the proportion that-- ``(A) the amount paid by the Commission State (including any amounts paid on behalf of the Commission State by a nonprofit organization) for administrative expenses for the applicable fiscal year (as determined under section 15304(c)); bears to ``(B) the amount paid by all Commission States (including any amounts paid on behalf of a Commission State by a nonprofit organization) for administrative expenses for that fiscal year (as determined under that section). ``(2) Requirement.--To be eligible to receive a grant under the program for a fiscal year, a Commission State (or a nonprofit organization on behalf of the Commission State) shall pay the amount of administrative expenses of the Commission State for the applicable fiscal year (as determined under section 15304(c)). ``(3) Approval.--For each fiscal year, a grant provided under the program shall be approved and made available as part of the approval of the annual budget of the NBRC. ``(g) Grant Availability.--Funds from a grant under the program shall be available only during the fiscal year for which the grant is provided. ``(h) Report.--Each fiscal year, each Commission State shall submit to the NBRC and make publicly available a report that describes the use of the grant funds and the impact of the program in the Commission State. ``(i) Continuation of Program.--The program under this section shall be a continuation of the program under section 6304(c) of the Agriculture Improvement Act of 2018 (40 U.S.C. 15501 note; Public Law 115-334) (as in effect on the day before the date of enactment of this section). ``(j) Funding.-- ``(1) In general.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2023 through 2032. ``(2) Supplement, not supplant.--Funds made available to carry out this section shall supplement and not supplant funds made available for the NBRC and other activities of the NBRC. ``Sec. 15903. Demonstration health projects ``(a) Purpose.--To demonstrate the value of adequate health facilities and services to the economic development of the Northern Forest region, the NBRC may make grants for the planning, construction, equipment, and operation of demonstration health, nutrition, and child care projects, including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purposes of this section. ``(b) Planning Grants.-- ``(1) Authority to provide amounts and make grants.--The NBRC may make grants for expenses of planning necessary for the development and operation of demonstration health projects for the Northern Forest region. ``(2) Maximum nbrc contributions.--The maximum NBRC contributions for a grant for the construction or equipment of any component of a demonstration health project shall be made in accordance with section 15501(d). ``(3) Sources of assistance.--The NBRC contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other Federal grant programs. ``(4) Federal share.--Notwithstanding any provision of law limiting the Federal share in other Federal grant programs described in paragraph (3), amounts appropriated to carry out this section may be used to increase the Federal share to the maximum percentage cost of a grant authorized by paragraph (2). ``(c) Construction and Equipment Grants.-- ``(1) Additional uses for construction grants.--Grants under this section for construction may also be used for-- ``(A) the acquisition of privately owned facilities-- ``(i) not operated for profit; or ``(ii) previously operated for profit if the NBRC finds that health services would not otherwise be provided in the area served by the facility if the acquisition is not made; and ``(B) initial equipment. ``(2) Standards for making grants.--Grants under this section for construction shall be made in accordance with section 15501 and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291 et seq.), the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and other laws authorizing grants for the construction of health- related facilities, without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States. ``(3) Maximum nbrc contributions.--The maximum NBRC contributions for a grant for the construction or equipment of any component of a demonstration health project shall be made in accordance with section 15501(d). ``(4) Sources of assistance.--The NBRC contribution may be provided entirely from amounts authorized under this section or in combination with amounts provided under other Federal grant programs for the construction or equipment of health-related facilities. ``(5) Federal share.--Notwithstanding any provision of law limiting the Federal share in other Federal grant programs described in paragraph (4), amounts authorized under this section may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 80 percent of the cost of the facilities. ``(d) Operation Grants.-- ``(1) Standards for making grants.--A grant for the operation of a demonstration health project shall not be made unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit. ``(2) Maximum nbrc contributions.--Grants under this section for the operation (including initial operating amounts and operating deficits, including the cost of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with amounts authorized to be appropriated by this section, shall be made in accordance with section 15501(d). ``(3) Sources of assistance.--The NBRC contribution may be provided entirely from amounts appropriated to carry out this section or in combination with amounts provided under other Federal grant programs for the operation of health related facilities and the provision of health and child development services, including parts A and B of title IV and title XX of the Social Security Act (42 U.S.C. 601 et seq., 620 et seq., 1397 et seq.). ``(4) Federal share.--Notwithstanding any provision of law limiting the Federal share in those other programs, amounts appropriated to carry out this section may be used to increase Federal grants for operating components of a demonstration health project to the maximum percentage cost of a grant authorized by this subsection. ``(5) State deemed to meet requirement of providing assistance or services on statewide basis.--Notwithstanding any provision of the Social Security Act (42 U.S.C. 301 et seq.) requiring assistance or services on a statewide basis, a State providing assistance or services under a Federal grant program described in paragraph (3) in any area of the region approved by the NBRC is deemed to be meeting that requirement. ``(e) Emphasis on Programs To Address Substance Use Disorders.--To provide for the further development of the human resources of the Northern Forest region, grants under this section shall give special emphasis to projects and activities to address substance use disorders, including opioid and methamphetamine use, in the Northern Forest region, including projects and activities-- ``(1) to increase access to and disseminate information on the availability of substance use disorder treatment programs; ``(2) to strengthen the substance use disorder workforce operating in the Northern Forest region, including programs to attract and retain relevant health care services, businesses, and staff; ``(3) to facilitate the sharing of best practices among States, counties, and other experts in the Northern Forest region with respect to reducing substance use disorders; ``(4) to initiate or expand programs designed to eliminate or reduce the harm to the workforce and economic growth of the region that results from that abuse; and ``(5) to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine.''. (b) Repeal.--Section 6304(c) of the Agriculture Improvement Act of 2018 (40 U.S.C. 15501 note; Public Law 115-334) is repealed. (c) Clerical Amendment.--The table of sections for subtitle V of title 40, United States Code, is amended by inserting after the item relating to chapter 157 the following: ``Chapter 159-Northern Forest Region Programs ``15901. Definitions. ``15902. State capacity building grant program. ``15903. Demonstration health projects.''. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S293
Fair Access to Banking Act
[ [ "C001096", "Sen. Cramer, Kevin [R-ND]", "sponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "E000295", "Sen. Ernst, Joni [R-IA]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "K000393", "Sen. Kennedy, John [R-LA]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "S001227", "Sen. Schmitt, Eric [R-MO]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ], [ "R000618", "Sen. Ricketts, Pete [R-NE]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "V000137", "Sen. Vance, J. D. [R-OH]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ], [ "G000359", "Sen. Graham, Lindsey [R-SC]", "cosponsor" ], [ "S001184", "Sen. Scott, Tim [R-SC]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "H000601", "Sen. Hagerty, Bill [R-TN]", "cosponsor" ], [ "C001056", "Sen. Cornyn, John [R-TX]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "J000293", "Sen. Johnson, Ron [R-WI]", "cosponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ] ]
<p><strong>Fair Access to Banking Act </strong></p> <p>This bill places restrictions on certain banks, credit unions, and payment card networks if they refuse to do business with a person who complies with the law. Restrictions include prohibiting the use of electronic funds transfer systems and lending programs, termination of an institution's depository insurance, and specified civil penalties.</p> <p>Banks and other specified financial institutions are allowed to deny financial services to a person only if the denial is justified by a documented failure of that person to meet quantitative, impartial, risk-based standards established in advance by the institution. This justification may not be based upon reputational risks to the institution. </p> <p>The bill establishes the right for a person to bring a civil action for a violation of this bill.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 293 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 293 To amend the Federal Reserve Act to prohibit certain financial service providers who deny fair access to financial services from using taxpayer funded discount window lending programs, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Cramer (for himself, Mrs. Britt, Mr. Tuberville, Mr. Sullivan, Mr. Boozman, Mr. Cotton, Mr. Rubio, Mr. Scott of Florida, Mr. Crapo, Mr. Risch, Mr. Braun, Ms. Ernst, Mr. Marshall, Mr. Moran, Mr. Cassidy, Mr. Kennedy, Mrs. Hyde-Smith, Mr. Wicker, Mr. Schmitt, Mr. Daines, Mrs. Fischer, Mr. Ricketts, Mr. Tillis, Mr. Hoeven, Mr. Vance, Mr. Lankford, Mr. Mullin, Mr. Graham, Mr. Scott of South Carolina, Mrs. Blackburn, Mr. Hagerty, Mr. Cornyn, Mr. Cruz, Mrs. Capito, Mr. Johnson, Mr. Barrasso, and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To amend the Federal Reserve Act to prohibit certain financial service providers who deny fair access to financial services from using taxpayer funded discount window lending programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Banking Act''. SEC. 2. FINDINGS. Congress finds that-- (1) article I of the Constitution of the United States guarantees the people of the United States the right to enact public policy through the free and fair election of representatives and through the actions of State legislatures and Congress; (2) banks rightly objected to the Operation Choke Point initiative through which certain government agencies pressured banks to cut off access to financial services to lawful sectors of the economy; (3) banks are now, however, increasingly employing subjective, category-based evaluations to deny certain persons access to financial services in response to pressure from advocates from across the political spectrum whose policy objectives are served when banks deny certain customers access to financial services; (4) the privatization of the discriminatory practices underlying Operation Choke Point by banks represents as great a threat to the national economy, national security, and the soundness of banking and financial markets in the United States as Operation Choke Point itself; (5) banks are supported by the United States taxpayers and enjoy significant privileges in the financial system of the United States and should not be permitted to act as de facto regulators or unelected legislators by withholding financial services to otherwise credit worthy businesses based on subjective political reasons, bias, or prejudices; (6) banks are not well-equipped to balance risks unrelated to financial exposures and the operations required to deliver financial services; (7) the United States taxpayers came to the aid for large banks during the Great Recession of 2008 because they were deemed too important to the national economy to be permitted to fail; (8) when a bank predicates the access to financial services of a person on factors or information (such as the lawful products a customer manufactures or sells or the services the customer provides) other than quantitative, impartial risk- based standards, the bank has failed to act consistent with basic principles of sound risk management and failed to provide fair access to financial services; (9) banks have a responsibility to make decisions about whether to provide a person with financial services on the basis of impartial criteria free from prejudice or favoritism; (10) while fair access to financial services does not obligate a bank to offer any particular financial service to the public, to operate in any particular geographic area, or to provide a service the bank offers to any particular person, it is necessary that-- (A) the financial services a bank chooses to offer in the geographic areas in which the bank operates be made available to all customers based on the quantitative, impartial risk-based standards of the bank, and not based on whether the customer is in a particular category of customers; (B) banks assess the risks posed by individual customers on a case-by-case basis, rather than category-based assessment; and (C) banks implement controls to manage relationships commensurate with these risks associated with each customer, not a strategy of total avoidance of particular industries or categories of customers; (11) banks are free to provide or deny financial services to any individual customer, but first, the banks must rely on empirical data that are evaluated consistent with the established, impartial risk-management standards of the bank; and (12) anything less is not prudent risk management and may result in unsafe or unsound practices, denial of fair access to financial services, cancelling, or eliminating certain businesses in society, and have a deleterious effect on national security and the national economy. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) ensure fair access to financial services and fair treatment of customers by financial service providers, including national and State banks, Federal savings associations, and State and Federal credit unions; (2) ensure banks conduct themselves in a safe and sound manner, comply with laws and regulations, treat their customers fairly, and provide fair access to financial services; (3) protect against banks being able to impede otherwise lawful commerce and thereby achieving certain public policy goals; (4) ensure that persons involved in politically unpopular businesses but that are lawful under Federal law receive fair access to financial services under the law; and (5) ensure banks operate in a safe and sound manner by making judgments and decisions about whether to provide a customer with financial services on an impartial, individualized risk-based analysis using empirical data evaluated under quantifiable standards. SEC. 4. ADVANCES TO INDIVIDUAL MEMBER BANKS. (a) Member Banks.--Section 10B of the Federal Reserve Act (12 U.S.C. 347b) is amended by adding at the end the following: ``(c) Prohibition on Use of Discount Window Lending Programs.--No member bank with more than $10,000,000,000 in total consolidated assets, or subsidiary of the member bank, may use a discount window lending program if the member bank or subsidiary refuses to do business with any person who is in compliance with the law, including section 8 of the Fair Access to Banking Act.''. (b) Insured Depository Institutions.--Section 8(a)(2)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1818(a)(2)(A)) is amended-- (1) in clause (ii), by striking ``or'' at the end; (2) in clause (iii), by striking the comma at the end and inserting ``; or''; and (3) by adding at the end the following: ``(iv) an insured depository institution with more than $10,000,000,000 in total consolidated assets, or subsidiary of the insured depository institution, that refuses to do business with any person who is in compliance with the law, including section 8 of the Fair Access to Banking Act,''. (c) Nonmember Banks, Trust Companies, and Other Depository Institutions.--Section 13 of the Federal Reserve Act (12 U.S.C. 342) is amended by inserting ``Provided further, That no such nonmember bank or trust company or other depository institution with more than $10,000,000,000 in total consolidated assets, or subsidiary of such nonmember bank or trust company or other depository institution, may refuse to do business with any person who is in compliance with the law, including , including section 8 of the Fair Access to Banking Act:'' after ``appropriate:''. SEC. 5. PAYMENT CARD NETWORK. (a) Definition.--In this section, the term ``payment card network'' has the meaning given the term in section 921(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693o-2(c)). (b) Prohibition.--No payment card network, including a subsidiary of a payment card network, may, directly or through any agent, processor, or licensed member of the network, by contract, requirement, condition, penalty, or otherwise, prohibit or inhibit the ability of any person who is in compliance with the law, including section 8 of this Act, to obtain access to services or products of the payment card network because of political or reputational risk considerations. (c) Civil Penalty.--Any payment card network that violates subsection (b) shall be assessed a civil penalty by the Comptroller of the Currency of not more than 10 percent of the value of the services or products described in that subsection, not to exceed $10,000 per violation. SEC. 6. CREDIT UNIONS. Section 206(b)(1) of the Federal Credit Union Act (12 U.S.C. 1786) is amended by inserting ``or is refusing or has refused, or has a subsidiary that is refusing or has refused, to do business with any person who is in compliance with the law, including section 8 of the Fair Access to Banking Act,'' after ``as an insured credit union,''. SEC. 7. USE OF AUTOMATED CLEARING HOUSE NETWORK. (a) Definitions.--In this section: (1) Covered credit union.--The term ``covered credit union'' means-- (A) any insured credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (B) any credit union that is eligible to make application to become an insured credit union under section 201 of the Federal Credit Union Act (12 U.S.C. 1781). (2) Member bank.--The term ``member bank'' has the meaning given the term in the third undesignated paragraph of the first section of the Federal Reserve Act (12 U.S.C. 221). (b) Prohibition.--No covered credit union, member bank, or State- chartered non-member bank with more than $10,000,000,000 in total consolidated assets, or a subsidiary of the covered credit union, member bank, or State-chartered non-member bank, may use the Automated Clearing House Network if that member bank, credit union, or subsidiary of the member bank or credit union, refuses to do business with any person who is in compliance with the law, including section 8 of this Act. SEC. 8. FAIR ACCESS TO FINANCIAL SERVICES. (a) Definitions.--In this section: (1) Bank.--The term ``bank''-- (A) means an entity for which the Office of the Comptroller of the Currency is the appropriate Federal banking agency, as defined in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813); and (B) includes-- (i) member banks; (ii) non-member banks; (iii) covered credit unions; (iv) State-chartered non-member banks; and (v) trust companies. (2) Covered bank.-- (A) In general.--The term ``covered bank'' means a bank that has the ability to-- (i) raise the price a person has to pay to obtain an offered financial service from the bank or from a competitor; or (ii) significantly impede a person, or the business activities of a person, in favor of or to the advantage of another person. (B) Presumption.-- (i) In general.--A bank shall not be presumed to be a covered bank if the bank has less than $10,000,000,000 in total assets. (ii) Rebuttable presumption.-- (I) In general.--A bank is presumed to be a covered bank if the bank has $10,000,000,000 or more in total assets. (II) Rebuttal.--A bank that meets the criteria under subclause (I) can seek to rebut this presumption by submitting to the Office of the Comptroller of the Currency written materials that, in the judgement of the agency, demonstrate the bank does not meet the definition of covered bank. (3) Covered credit union.--The term ``covered credit union'' means-- (A) any insured credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or (B) any credit union that is eligible to make application to become an insured credit union under section 201 of the Federal Credit Union Act (12 U.S.C. 1781). (4) Deny.--The term ``deny'' means to deny or refuse to enter into or terminate an existing financial services relationship with a person. (5) Fair access to financial services.--The term ``fair access to financial services'' means persons engaged in activities lawful under Federal law are able to obtain financial services at banks without impediments caused by a prejudice against or dislike for a person or the business of the customer, products or services sold by the person, or favoritism for market alternatives to the business of the person. (6) Financial service.--The term ``financial service'' means a financial product or service, including-- (A) commercial and merchant banking; (B) lending; (C) financing; (D) leasing; (E) cash, asset, and investment management and advisory services; (F) credit card services; (G) payment processing; (H) security and foreign exchange trading and brokerage services; and (I) insurance products. (7) Member bank.--The term ``member bank'' has the meaning given the term in the third undesignated paragraph of the first section of the Federal Reserve Act (12 U.S.C. 221). (8) Person.--The term ``person''-- (A) means-- (i) any natural person; or (ii) any partnership, corporation, or other business or legal entity; and (B) includes a customer. (b) Requirements.-- (1) In general.--To provide fair access to financial services, a covered bank, including a subsidiary of a covered bank, shall, except as necessary to comply with another provision of law-- (A) make each financial service the covered bank offers available to all persons in the geographic market served by the covered bank on proportionally equal terms; (B) not deny any person a financial service the covered bank offers unless the denial is justified by such quantified and documented failure of the person to meet quantitative, impartial risk-based standards established in advance by the covered bank; (C) not deny, in coordination with or at the request of others, any person a financial service the covered bank offers; and (D) when denying any person financial services the covered bank offers, provide written justification to the person explaining the basis for the denial, including any specific laws or regulations the covered bank believes are being violated by the person or customer. (2) Justification requirement.--A justification described in paragraph (1)(D) may not be based solely on the reputational risk to the covered bank. (c) Cause of Action for Violations of This Section.-- (1) In general.--Notwithstanding any other provision of law, a person may commence a civil action in the appropriate district court of the United States against any covered bank or covered credit union that violates or fails to comply with the requirements under this section, for harm that person suffered as a result of such violation. (2) No exhaustion.--It shall not be necessary for a person to exhaust its administrative remedies before commencing a civil action under this section. (3) Damages.--If a person prevails in a civil action under this section, a court shall award the person-- (A) reasonable attorney's fees and costs; and (B) treble damages. &lt;all&gt; </pre></body></html>
[ "Finance and Financial Sector" ]
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118S294
Expanding Access to Capital for Rural Job Creators Act
[ [ "K000393", "Sen. Kennedy, John [R-LA]", "sponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "P000595", "Sen. Peters, Gary C. [D-MI]", "cosponsor" ], [ "W000790", "Sen. Warnock, Raphael G. [D-GA]", "cosponsor" ], [ "R000608", "Sen. Rosen, Jacky [D-NV]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ] ]
<p><b>Expanding Access to Capital for Rural Job Creators Act</b></p> <p>This bill requires the Advocate for Small Business Capital Formation within the Securities and Exchange Commission to report on issues encountered by rural-area small businesses.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 294 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 294 To amend the Securities Exchange Act of 1934 to expand access to capital for rural-area small businesses, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Kennedy (for himself, Ms. Smith, Mr. Peters, Mr. Warnock, Ms. Rosen, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To amend the Securities Exchange Act of 1934 to expand access to capital for rural-area small businesses, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Access to Capital for Rural Job Creators Act''. SEC. 2. ACCESS TO CAPITAL FOR RURAL-AREA SMALL BUSINESSES. Section 4(j) of the Securities Exchange Act of 1934 (15 U.S.C. 78d(j)) is amended-- (1) in paragraph (4)(C), by inserting ``rural-area small businesses,'' after ``women-owned small businesses,''; and (2) in paragraph (6)(B)(iii), by inserting ``rural-area small businesses,'' after ``women-owned small businesses,''. &lt;all&gt; </pre></body></html>
[ "Finance and Financial Sector", "Business investment and capital", "Rural conditions and development", "Securities and Exchange Commission (SEC)", "Small business" ]
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118S295
Countering Economic Coercion Act of 2023
[ [ "Y000064", "Sen. Young, Todd [R-IN]", "sponsor" ], [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "cosponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ] ]
<p><strong>Countering Economic Coercion Act of </strong><b>2023</b></p> <p>This bill authorizes the President to take certain actions to assist foreign trading partners affected by economic coercion and penalize foreign adversaries. <em>Economic coercion</em> refers to actions, practices, or threats undertaken by a foreign adversary to unreasonably restrain, obstruct, or manipulate trade, foreign aid, investment, or commerce with the intent to cause economic harm to achieve strategic political objectives or influence sovereign political actions.</p> <p>Specifically, the bill authorizes the President (upon a determination that a foreign trading partner is subject to economic coercion) to exercise specified authorities to support or assist the foreign trading partner. These authorities include, among others, decreasing duties or modifying tariff-rate quotas on imports from the foreign trading partner, requesting appropriations for foreign aid, and expediting export licensing decisions and regulatory processes.</p> <p>Further, the bill authorizes the President to exercise specified authorities to penalize a foreign adversary engaged in economic coercion. The authorities include increasing duties and modifying tariff-rate quotas.</p> <p>The bill outlines consultation and notification requirements. It also provides a process for an expedited determination regarding economic coercion.</p> <p>Any determination of economic coercion must be revoked at the earliest of (1) two years from the date of determination, (2) upon a joint resolution of disapproval, or (3) when the President revokes the determination. </p> <p>The bill also directs the President to endeavor to coordinate with other foreign trading partners to broaden economic support for the foreign trading partner and condemn the actions of the foreign adversary.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 295 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 295 To grant certain authorities to the President to combat economic coercion by foreign adversaries, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Young (for himself and Mr. Coons) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To grant certain authorities to the President to combat economic coercion by foreign adversaries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Countering Economic Coercion Act of 2023''. SEC. 2. SENSE OF CONGRESS. The following is the sense of Congress: (1) Foreign adversaries are increasingly using economic coercion to pressure, punish, and influence United States allies and partners. (2) Economic coercion causes economic harm to United States allies and partners and creates malign influence on the sovereign political actions of such allies and partners. (3) Economic coercion can threaten the essential security of the United States and its allies. (4) Economic coercion is often characterized by-- (A) arbitrary, abusive, and discriminatory actions that seek to interfere with sovereign actions, violate international trade rules, and run counter to the rules-based international order; (B) capricious, pre-textual, and non-transparent actions taken without due process afforded; (C) intimidation or threats of punitive actions; and (D) informal actions that take place without explicit government action. (5) Existing mechanisms for trade dispute resolution and international arbitration are inadequate for responding to economic coercion in a timely and effective manner as foreign adversaries exploit plausible deniability and lengthy processes to evade accountability. (6) The United States should provide meaningful economic and political support to foreign trading partners affected by economic coercion. (7) Supporting foreign trading partners affected by economic coercion can lead to opportunities for United States businesses, investors, and workers to reach new markets and customers. (8) Responding to economic coercion will be most effective when the United States provides relief to affected foreign trading partners in coordination with allies and like-minded countries. (9) Such coordination will further demonstrate broad resolve against economic coercion. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees''-- (A) means-- (i) the Committee on Foreign Relations of the Senate; and (ii) the Committee on Foreign Affairs of the House of Representatives; and (B) includes-- (i) with respect to the exercise of any authority under section 5(a)(1) or 5(b)-- (I) the Committee on Finance of the Senate; and (II) the Committee on Ways and Means of the House of Representatives; and (ii) with respect to the exercise of any authority under paragraph (6) or (8) of section 5(a)-- (I) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (II) the Committee on Financial Services of the House of Representatives. (2) Economic coercion.--The term ``economic coercion'' means actions, practices, or threats undertaken by a foreign adversary to unreasonably restrain, obstruct, or manipulate trade, foreign aid, investment, or commerce in an arbitrary, capricious, or non-transparent manner with the intention to cause economic harm to achieve strategic political objectives or influence sovereign political actions. (3) Export; export administration regulations; in-country transfer; reexport.--The terms ``export'', ``Export Administration Regulations'', ``in-country transfer'', and ``reexport'' have the meanings given those terms in section 1742 of the Export Control Reform Act of 2018 (50 U.S.C. 4801). (4) Foreign adversary.--The term ``foreign adversary'' has the meaning given that term in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2)). (5) Foreign trading partner.--The term ``foreign trading partner'' means a jurisdiction that is a trading partner of the United States. SEC. 4. DETERMINATION OF ECONOMIC COERCION. (a) Presidential Determination.-- (1) In general.--If the President determines that a foreign trading partner is subject to economic coercion by a foreign adversary, the President may exercise, in a manner proportionate to the economic coercion, any authority described-- (A) in section 5(a) to support or assist the foreign trading partner; or (B) in section 5(b) to penalize the foreign adversary. (2) Information; hearings.--To inform any determination or exercise of authority under paragraph (1), the President shall-- (A) obtain the written opinion and analysis of the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, the United States Trade Representative, and the heads of other Federal agencies, as the President considers appropriate; (B) seek information and advice from and consult with other relevant officers of the United States; and (C) afford other interested parties an opportunity to present relevant information and advice. (3) Consultation with congress.--The President shall consult with the appropriate congressional committees-- (A) not earlier than 30 days and not later than 10 days before exercising any authority under paragraph (1); and (B) not less frequently than once every 180 days for the duration of the exercise of such authority. (4) Notice.--Not later than 30 days after the date that the President determines that a foreign trading partner is subject to economic coercion or exercises any authority under paragraph (1), the President shall publish in the Federal Register-- (A) a notice of the determination or exercise of authority; and (B) a description of the economic coercion that the foreign adversary is applying to the foreign trading partner and other circumstances that led to such determination or exercise of authority. (b) Expedited Determination.-- (1) In general.--If the Secretary of State determines that a foreign trading partner is subject to economic coercion by a foreign adversary, the Secretary of State or the head of the relevant Federal agency may exercise any authority described in paragraphs (2) through (7) of section 5(a). (2) Notices.-- (A) In general.--Not later than 10 days after a determination under paragraph (1), the Secretary of State shall submit to the appropriate congressional committees a notice of such determination. (B) Exercise of authority.--Not later than 10 days after the exercise of any authority described in paragraphs (2) through (7) of section 5(a) that relies on the determination for which the Secretary of State submitted notice under subparagraph (A), the Secretary of State or the head of the relevant Federal agency relying on such determination shall submit to the appropriate congressional committees a notice of intent to exercise such authority, but not more frequently than once every 90 days. (c) Revocation of Determination.-- (1) In general.--Any determination made by the President under subsection (a) or the Secretary of State under subsection (b) shall be revoked on the earliest of-- (A) the date that is 2 years after the date of such determination; (B) the date of the enactment of a joint resolution of disapproval revoking the determination; or (C) the date on which the President issues a proclamation revoking the determination. (2) Termination of authorities.--Any authority described in section 5(a) exercised pursuant to a determination that has been revoked under paragraph (1) shall cease to be exercised on the date of such revocation, except that such revocation shall not affect-- (A) any action taken or proceeding pending not finally concluded or determined on such date; or (B) any rights or duties that matured or penalties that were incurred prior to such date. SEC. 5. AUTHORITIES TO ASSIST FOREIGN TRADING PARTNERS AFFECTED BY ECONOMIC COERCION. (a) Authorities With Respect to Foreign Trading Partners.--The authorities described in this subsection are the following: (1) Subject to section 7, with respect to goods imported into the United States from a foreign trading partner subject to economic coercion by a foreign adversary-- (A) the reduction or elimination of duties; or (B) the modification of tariff-rate quotas. (2) Requesting appropriations for foreign aid to the foreign trading partner. (3) Expedited decisions with respect to the issuance of licenses for the export or reexport to, or in-country transfer in, the foreign trading partner of items subject to controls under the Export Administration Regulations, consistent with the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.). (4) Expedited regulatory processes related to the importation of goods and services into the United States from the foreign trading partner. (5) Requesting the necessary authority and appropriations for sovereign loan guarantees to the foreign trading partner. (6) The waiver of policy requirements (other than policy requirements mandated by an Act of Congress, including the policies and procedures established pursuant to section 11 of the Export-Import Bank Act of 1945 (12 U.S.C. 635i-5)) as necessary to facilitate the provision of financing to support exports to the foreign trading partner. (7) Requesting appropriations for loan loss reserves to facilitate the provision of financing to support United States exports to the foreign trading partner. (8) The exemption of financing provided to support United States exports to the foreign trading partner from section 8(g)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635g(g)(1)). (b) Authorities With Respect to Foreign Adversaries.--With respect to goods imported into the United States from a foreign adversary engaged in economic coercion of a foreign trading partner, the authorities described in this subsection are the following: (1) The increase in duties. (2) The modification of tariff-rate quotas. SEC. 6. COORDINATION WITH ALLIES AND PARTNERS. (a) Coordination by President.--After a determination by the President that a foreign trading partner is subject to economic coercion by a foreign adversary, the President shall endeavor to coordinate-- (1) the exercise of the authorities described in section 5 with the exercise of relevant authorities by allies and partners in order to broaden economic support to the foreign trading partner affected by economic coercion; and (2) with allies and partners to issue joint condemnation of the actions of the foreign adversary and support for the foreign trading partner. (b) Coordination by Secretary.--The Secretary of State, in coordination with the heads of the relevant agencies, shall endeavor-- (1) to encourage allies and partners to identify or create mechanisms and authorities necessary to facilitate the coordination under subsection (a)(1); (2) to coordinate with allies and partners to increase opposition to economic coercion in the international community; (3) to coordinate with allies and partners to deter the use of economic coercion by foreign adversaries; and (4) to engage with foreign trading partners to gather information about possible instances of economic coercion and share such information with the appropriate congressional committees. SEC. 7. CONDITIONS WITH RESPECT TO TARIFF AUTHORITY. (a) Limitations on Tariff Authority.--The authority described in section 5(a)(1)-- (1) does not include the authority to reduce or eliminate antidumping or countervailing duties imposed under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.); (2) may only apply to an article if-- (A) such article is-- (i) designated by the President as an eligible article for purposes of the Generalized System of Preferences under section 503 of the Trade Act of 1974 (19 U.S.C. 2463); and (ii) imported directly from the foreign trading partner into the customs territory of the United States; and (B) the sum of the cost or value of the materials produced in the foreign trading partner and the direct costs of processing operations performed in such foreign trading partner is not less than 35 percent of the appraised value of such article at the time it is entered; (3) may not apply to any article that is the product of the foreign trading partner by virtue of having merely undergone-- (A) simple combining or packaging operations; or (B) mere dilution with water or another substance that does not materially alter the characteristics of the article; and (4) may not be applied in a manner that would provide indirect economic benefit to a foreign adversary. (b) Consultation With Congress.-- (1) In general.--Before exercising any authority described in subsection (a)(1) or (b) of section 5, the President shall submit to the appropriate congressional committees a notice of intent to exercise such authority that includes a description of-- (A) the circumstances that merit the exercise of such authority; (B) the expected effects of the exercise of such authority on the economy of the United States and businesses, workers, farmers, and ranchers in the United States; (C) the expected effects of the exercise of such authority on the foreign trading partner; and (D) the expected effects of the exercise of such authority on the foreign adversary. (2) Congressional review.-- (A) In general.--During the period of 45 calendar days beginning on the date on which the President submits a notice of intent under paragraph (1), the appropriate congressional committees should hold hearings and briefings and otherwise obtain information in order to fully review the proposed exercise of authority. (B) Limitation on exercise of authority during congressional review.--Notwithstanding any other provision of law, during the period for congressional review described in subparagraph (A) of a notice of intent submitted under paragraph (1), the President may not take the proposed exercise of authority unless a joint resolution of approval with respect to that exercise of authority is enacted. (C) Effect of enactment of joint resolution of disapproval.--Notwithstanding any other provision of law, if a joint resolution of disapproval relating to a notice of intent submitted under paragraph (1) is enacted during the period for congressional review described in subparagraph (A), the President may not take the proposed exercise of authority. SEC. 8. PROCESS FOR JOINT RESOLUTIONS OF APPROVAL OR DISAPPROVAL. (a) Definitions.--In this Act: (1) Joint resolution of approval.--The term ``joint resolution of approval'' means only a joint resolution of either House of Congress-- (A) which does not have a preamble; (B) the title of which is as follows: ``A joint resolution approving the President's exercise of authority under section 5 of the Countering Economic Coercion Act of 2023.''; and (C) the sole matter after the resolving clause of which is as follows: ``That Congress approves the exercise of authority by the President under section 5 of the Countering Economic Coercion Act of 2023, submitted to Congress on ___.'', with the blank space being filled with the appropriate date. (2) Joint resolution of disapproval.--The term ``joint resolution of disapproval'' means-- (A) with respect to a determination under section 4(a), only a joint resolution of either House of Congress-- (i) which does not have a preamble; (ii) the title of which is as follows: ``A joint resolution disapproving the President's determination under section 4(a) of the Countering Economic Coercion Act of 2023.''; and (iii) the sole matter after the resolving clause of which is as follows: ``That Congress disapproves the determination of the President under section 4(a) of the Countering Economic Coercion Act of 2023, published in the Federal Register on ___.'', with the blank space being filled with the appropriate date; (B) with respect to a determination under section 4(b), only a joint resolution of either House of Congress-- (i) which does not have a preamble; (ii) the title of which is as follows: ``A joint resolution disapproving the Secretary of State's determination under section 4(b) of the Countering Economic Coercion Act of 2023.''; and (iii) the sole matter after the resolving clause of which is as follows: ``That Congress disapproves the determination of the Secretary of State under section 4(b) of the Countering Economic Coercion Act of 2023, submitted to Congress on ___.'', with the blank space being filled with the appropriate date; and (C) with respect to section 7, only a joint resolution of either House of Congress-- (i) which does not have a preamble; (ii) the title of which is as follows: ``A joint resolution disapproving the President's exercise of authority under section 5 of the Countering Economic Coercion Act of 2023.''; and (iii) the sole matter after the resolving clause of which is as follows: ``That Congress disapproves the exercise of authority by the President under section 5 of the Countering Economic Coercion Act of 2023, submitted to Congress on ___.'', with the blank space being filled with the appropriate date. (b) Introduction in the House of Representatives.--During a period of 5 legislative days beginning on the date that a notice of determination is published in the Federal Register in accordance with section 4(a)(4) or submitted to the appropriate congressional committees in accordance with section 4(b)(2)(A) or a notice of intent is submitted to the appropriate congressional committees in accordance with section 4(b)(2)(B) or section 7(b)(1), a joint resolution of approval or a joint resolution of disapproval may be introduced in the House of Representatives by the majority leader or the minority leader. (c) Introduction in the Senate.--During a period of 5 days on which the Senate is in session beginning on the date that a notice of determination is published in the Federal Register in accordance with section 4(a)(4) or submitted to the appropriate congressional committees in accordance with section 4(b)(2)(A) or a notice of intent is submitted to the appropriate congressional committees in accordance with section 4(b)(2)(B) or section 7(b)(1), a joint resolution of approval or a joint resolution of disapproval may be introduced in the Senate by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee). (d) Floor Consideration in the House of Representatives.-- (1) Reporting and discharge.--If a committee of the House of Representatives to which a joint resolution of approval or joint resolution of disapproval has been referred has not reported such joint resolution within 10 legislative days after the date of referral, that committee shall be discharged from further consideration of the joint resolution. (2) Proceeding to consideration.--In the House of Representatives, the following procedures shall apply to a joint resolution of approval or a joint resolution of disapproval: (A) Beginning on the third legislative day after each committee to which a joint resolution of approval or joint resolution of disapproval has been referred reports it to the House of Representatives or has been discharged from further consideration of the joint resolution, it shall be in order to move to proceed to consider the joint resolution in the House of Representatives. (B) All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution with regard to the same certification. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion except two hours of debate equally divided and controlled by the sponsor of the joint resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (e) Consideration in the Senate.-- (1) Committee referral.--A joint resolution of approval or a joint resolution of disapproval introduced in the Senate shall be referred to the Committee on Foreign Relations. (2) Reporting and discharge.--If the Committee on Foreign Relations has not reported a joint resolution of approval or a joint resolution of disapproval within 10 days on which the Senate is in session after the date of referral of such joint resolution, that committee shall be discharged from further consideration of such joint resolution and the joint resolution shall be placed on the appropriate calendar. (3) Motion to proceed.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Foreign Relations reports the joint resolution of approval or the joint resolution of disapproval to the Senate or has been discharged from its consideration (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) shall be waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution of approval or the joint resolution of disapproval is agreed to, the joint resolution shall remain the unfinished business until disposed. (4) Debate.--Debate on a joint resolution of approval or a joint resolution of disapproval, and on all debatable motions and appeals in connection with such joint resolution, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (5) Vote on passage.--The vote on passage shall occur immediately following the conclusion of the debate on the joint resolution of approval or the joint resolution of disapproval and a single quorum call at the conclusion of the debate, if requested in accordance with the rules of the Senate. (6) Rules of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to the joint resolution of approval or the joint resolution of disapproval shall be decided without debate. (7) Consideration of veto messages.--Debate in the Senate of any veto message with respect to the joint resolution of approval or the joint resolution of disapproval, including all debatable motions and appeals in connection with such joint resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (f) Procedures in the Senate.--Except as otherwise provided in this section, the following procedures shall apply in the Senate to a joint resolution of approval or a joint resolution of disapproval to which this section applies: (1) Except as provided in paragraph (2), a joint resolution of approval or a joint resolution of disapproval that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Foreign Relations for consideration in accordance with this subsection. (2) If a joint resolution of approval or a joint resolution of disapproval to which this section applies was introduced in the Senate before receipt of a joint resolution of approval or a joint resolution of disapproval that has passed the House of Representatives, the joint resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar. If this paragraph applies, the procedures in the Senate with respect to a joint resolution of approval or a joint resolution of disapproval introduced in the Senate that contains the identical matter as a joint resolution of approval or a joint resolution of disapproval that passed the House of Representatives shall be the same as if no joint resolution of approval or joint resolution of disapproval had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the joint resolution of approval or the joint resolution of disapproval that passed the House of Representatives. (g) Rules of the House of Representatives and Senate.--This section is enacted by Congress-- (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of approval or a joint resolution of disapproval under this paragraph, and supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. &lt;all&gt; </pre></body></html>
[ "Foreign Trade and International Finance", "Congressional oversight", "Congressional-executive branch relations", "Foreign aid and international relief", "Free trade and trade barriers", "Legislative rules and procedure", "Licensing and registrations", "Presidents and presidential powers, Vice Presidents", "Tariffs", "Trade restrictions" ]
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118S296
Preventing Crimes Against Veterans Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "R000608", "Sen. Rosen, Jacky [D-NV]", "cosponsor" ] ]
<p><b>Preventing Crimes Against Veterans Act of 2023 </b></p> <p>This bill establishes a new federal criminal offense for knowingly executing, or attempting to execute, a scheme to defraud an individual of veterans' benefits, or in connection with obtaining veteran's benefits for an individual. A violator is subject to criminal penalties&#8212;a fine, a prison term of up to five years, or both.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 296 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 296 To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio (for himself, Ms. Cortez Masto, and Mr. Scott of Florida) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to provide an additional tool to prevent certain frauds against veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Preventing Crimes Against Veterans Act of 2023''. SEC. 2. ADDITIONAL TOOL TO PREVENT CERTAIN FRAUDS AGAINST VETERANS. (a) In General.--Chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1352. Fraud regarding veterans' benefits ``(a) Whoever knowingly executes, or attempts to execute, any scheme or artifice to defraud an individual of veterans' benefits, or in connection with obtaining veteran's benefits for that individual, shall be fined under this title, imprisoned for not more than 5 years, or both. ``(b) In this section-- ``(1) the term `veteran' has the meaning given that term in section 101 of title 38; and ``(2) the term `veterans' benefits' means any benefit provided by Federal law for a veteran or a dependent or survivor of a veteran.''. (b) Clerical Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``1352. Fraud regarding veterans' benefits.''. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement", "Crime prevention", "Fraud offenses and financial crimes", "Military personnel and dependents", "Veterans' pensions and compensation" ]
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118S297
A bill to amend the Federal Land Policy and Management Act of 1976 to authorize certain construction activities on public lands, and for other purposes.
[ [ "S000033", "Sen. Sanders, Bernard [I-VT]", "sponsor" ] ]
<p>This bill provides for the construction of nurseries on public lands. </p> <p>Using funds made available under the Infrastructure Investment and Jobs Act to restore native vegetation and mitigate environmental hazards on mined land on federal and nonfederal lands, the Department of the Interior shall carry out a pilot program to establish and operate nurseries on lands under its jurisdiction.</p> <p>Likewise, the Forest Service shall carry out a pilot program to establish and operate nurseries on National Forest System lands.</p> <p>Interior shall carry out its pilot program in (1) four of the eleven contiguous Western states, and (2) one state that is not one of the eleven contiguous Western states.</p> <p>The Forest Service shall carry out its pilot program in (1) four of the eleven contiguous Western states; and (2) one state, including Vermont, that is not one of the eleven contiguous Western states.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 297 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 297 To amend the Federal Land Policy and Management Act of 1976 to authorize certain construction activities on public lands, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Sanders introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To amend the Federal Land Policy and Management Act of 1976 to authorize certain construction activities on public lands, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NURSERIES. Title VI of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1781 et seq.) is amended by adding at the end the following: ``SEC. 604. NURSERIES. ``(a) In General.--Using funds made available under section 40804(b)(8) of the Infrastructure Investment and Jobs Act (16 U.S.C. 6592a(b)(8))-- ``(1) the Secretary shall carry out a pilot program to establish and operate nurseries on public lands and other Federal land under the jurisdiction of the Secretary; and ``(2) the Secretary of Agriculture, acting through the Chief of the Forest Service, shall carry out a pilot program to establish and operate nurseries on National Forest System land. ``(b) Locations.-- ``(1) Department of the interior.--The Secretary shall carry out the pilot program established under subsection (a)(1) in-- ``(A) 4 of the eleven contiguous Western States; and ``(B) 1 State that is not 1 of the eleven contiguous Western States. ``(2) Forest service.--The Secretary of Agriculture, acting through the Chief of the Forest Service, shall carry out the pilot program established under subsection (a)(2) in-- ``(A) 4 of the eleven contiguous Western States; and ``(B) 1 State, including the State of Vermont, that is not 1 of the eleven contiguous Western States. ``(c) Activities.-- ``(1) Definition of secretary concerned.--In this subsection, the term `Secretary concerned' means-- ``(A) the Secretary, with respect to public lands and other Federal land under the jurisdiction of the Secretary; and ``(B) the Secretary of Agriculture, acting through the Chief of the Forest Service, with respect to National Forest System land. ``(2) Authorizations.--In carrying out a pilot program established under subsection (a), the Secretary concerned may-- ``(A) establish a tree nursery on Federal land under the jurisdiction of the Secretary concerned, and develop the infrastructure necessary to support that nursery, to address Federal and regional conservation tree planting needs, consistent with the Bureau of Land Management National Seed Strategy; ``(B) purchase necessary equipment and machinery and construct the necessary facilities on Federal land under the jurisdiction of the Secretary concerned to store material, equipment, and machinery authorized under this section; ``(C) enter into cooperative agreements with non- Federal entities to use trees produced in nurseries established under the pilot program; ``(D) conduct necessary research on grazing and forest management on Federal land under the jurisdiction of the Secretary concerned, ensuring the long-term sustainability of such grazing and forest management, to maximize the ability-- ``(i) to sequester carbon; ``(ii) to prevent soil erosion; and ``(iii) to improve air and water quality; and ``(E) hire and train personnel to carry out the activities described in this section.''. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources" ]
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118S298
Keep Americans Safe Act
[ [ "M000639", "Sen. Menendez, Robert [D-NJ]", "sponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "M001169", "Sen. Murphy, Christopher [D-CT]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "cosponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "C000174", "Sen. Carper, Thomas R. [D-DE]", "cosponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "cosponsor" ], [ "R000122", "Sen. Reed, Jack [D-RI]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "R000608", "Sen. Rosen, Jacky [D-NV]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "cosponsor" ], [ "S000770", "Sen. Stabenow, Debbie [D-MI]", "cosponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ] ]
<p><b>Keep Americans Safe Act</b></p> <p>This bill establishes a new criminal offense for the import, sale, manufacture, transfer, or possession of a large capacity ammunition feeding device (LCAFD).</p> <p>The bill does not prohibit certain conduct with respect to an LCAFD, including the following:</p> <ul> <li> importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments;</li> <li>importation, sale, transfer, or possession related to securing nuclear materials; and</li> <li> possession by a retired law enforcement officer.</li> </ul> <p>The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD.</p> <p>Newly manufactured LCAFDs must display serial number identification and the date of manufacture.</p> <p> Additionally, the bill allows a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender an LCAFD under a buy-back program.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 298 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 298 To regulate large capacity ammunition feeding devices. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Menendez (for himself, Mrs. Feinstein, Mr. Blumenthal, Mr. Padilla, Mr. Murphy, Mr. Markey, Mr. Casey, Mr. Kaine, Mr. Whitehouse, Mr. Merkley, Mr. Carper, Mr. Durbin, Mr. King, Mr. Coons, Mr. Reed, Ms. Duckworth, Mr. Van Hollen, Mrs. Murray, Ms. Rosen, Ms. Warren, Ms. Hirono, Mr. Booker, Mr. Sanders, Mr. Cardin, Ms. Cortez Masto, Ms. Klobuchar, Ms. Stabenow, and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To regulate large capacity ammunition feeding devices. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Americans Safe Act''. SEC. 2. DEFINITIONS. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(38) The term `large capacity ammunition feeding device'-- ``(A) means a magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and ``(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(39) The term `qualified law enforcement officer' has the meaning given the term in section 926B.''. SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) In General.--Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: ``(v)(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. ``(2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Keep Americans Safe Act. ``(3) Paragraph (1) shall not apply to-- ``(A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off-duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off-duty); ``(B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; ``(C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device-- ``(i) sold or transferred to the individual by the agency upon such retirement; or ``(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or ``(D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. ``(4) For purposes of paragraph (3)(A), the term `campus law enforcement officer' means an individual who is-- ``(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); ``(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; ``(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and ``(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.''. (b) Identification Markings for Large Capacity Ammunition Feeding Devices.--Section 923(i) of title 18, United States Code, is amended by adding at the end the following: ``A large capacity ammunition feeding device manufactured after the date of enactment of the Keep Americans Safe Act shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.''. (c) Seizure and Forfeiture of Large Capacity Ammunition Feeding Devices.--Section 924(d) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) in the first sentence-- (i) by striking ``Any firearm or ammunition involved in'' and inserting ``Any firearm or ammunition or large capacity ammunition feeding device involved in''; (ii) by striking ``or (k)'' and inserting ``(k), or (v)''; and (iii) by striking ``any firearm or ammunition intended'' and inserting ``any firearm or ammunition or large capacity ammunition feeding device intended''; and (B) by inserting ``or large capacity ammunition feeding devices'' after ``firearms or ammunition'' each place the term appears; (2) in paragraph (2)-- (A) in subparagraph (A), by inserting ``or large capacity ammunition feeding devices'' after ``firearms or ammunition''; and (B) in subparagraph (C), by inserting ``or large capacity ammunition feeding devices'' after ``firearms or quantities of ammunition''; and (3) in paragraph (3)(E), by inserting ``922(v),'' after ``922(n),''. SEC. 4. PENALTIES. Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``or (q)'' and inserting ``(q), or (v)''. SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES. Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the following: ``(J) Compensation for surrendered large capacity ammunition feeding devices, as that term is defined in section 921 of title 18, United States Code, under buy- back programs for large capacity ammunition feeding devices.''. SEC. 6. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement", "Civil actions and liability", "Firearms and explosives", "Law enforcement administration and funding", "Retail and wholesale trades", "Trade restrictions" ]
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118S299
Government Shutdown Prevention Act of 2023
[ [ "P000603", "Sen. Paul, Rand [R-KY]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 299 Placed on Calendar Senate (PCS)] &lt;DOC&gt; Calendar No. 13 118th CONGRESS 1st Session S. 299 To amend title 31, United States Code, to provide for automatic continuing resolutions. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Paul introduced the following bill; which was read the first time February 9, 2023 Read the second time and placed on the calendar _______________________________________________________________________ A BILL To amend title 31, United States Code, to provide for automatic continuing resolutions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Government Shutdown Prevention Act of 2023''. SEC. 2. AUTOMATIC CONTINUING APPROPRIATIONS. (a) In General.--Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) On and after the first day of each fiscal year, if an appropriation Act for such fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect with respect to the program, project, or activity, there are appropriated, at the rate for operations specified in paragraph (2), such sums as may be necessary to continue the program, project, or activity if funds were provided for the program, project, or activity during the preceding fiscal year-- ``(A) in the corresponding appropriation Act for such preceding fiscal year; or ``(B) if the corresponding appropriation bill for such preceding fiscal year did not become law, in a law making continuing appropriations for such preceding fiscal year. ``(2)(A) Appropriations and funds made available, and authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(i) 99 percent of the rate of operations provided for in the regular appropriation Act providing for such program, project, or activity for the preceding fiscal year; ``(ii) in the absence of such an Act, 99 percent of the rate of operations provided for such program, project, or activity pursuant to a law making continuing appropriations for such preceding fiscal year; or ``(iii) 99 percent of the annualized rate of operations provided for in the most recently enacted law making continuing appropriations for part of that fiscal year or any funding levels established under the provisions of this section, for the period of 90 days. After the first 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. For each subsequent 90-day period during which this subsection is in effect for that fiscal year, the applicable rate of operations shall be reduced by 1 percentage point. The 90-day period reductions shall extend beyond the last day of that fiscal year. ``(B) If this section is in effect at the end of a fiscal year, funding levels shall continue as provided in this section for the next fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of a lapse in appropriations and ending with the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such program, project, or activity) or a continuing resolution making appropriations becomes law, as the case may be. ``(b) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. ``(c) Notwithstanding any other provision of this section, for those programs, projects, or activities that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of a fiscal year for which funding is made available under this section because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs, projects, or activities funded by this section that would impinge on final funding prerogatives. ``(d) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill or a measure making continuing appropriations until the end of a fiscal year providing for such program, project, or activity for such period becomes law. ``(e) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period.''. (b) Clerical Amendment.--The table of sections of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. Calendar No. 13 118th CONGRESS 1st Session S. 299 _______________________________________________________________________ A BILL To amend title 31, United States Code, to provide for automatic continuing resolutions. _______________________________________________________________________ February 9, 2023 Read the second time and placed on the calendar </pre></body></html>
[ "Economics and Public Finance" ]
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118S30
Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act
[ [ "T000464", "Sen. Tester, Jon [D-MT]", "sponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ] ]
<p><b>Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act</b></p> <p>This bill authorizes the Department of Veterans Affairs to carry out specified major medical facility projects during FY2023. The bill also indicates the maximum amount that can be spent on each project.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 30 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 30 To authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2023, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Tester (for himself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To authorize major medical facility projects for the Department of Veterans Affairs for fiscal year 2023, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Year 2023 Veterans Affairs Major Medical Facility Authorization Act''. SEC. 2. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS OF DEPARTMENT OF VETERANS AFFAIRS FOR FISCAL YEAR 2023. (a) In General.--The Secretary of Veterans Affairs may carry out the following major medical facility projects in fiscal year 2023 at the locations specified and in an amount for each project not to exceed the amount specified for such location: (1) Construction of a community-based outpatient clinic and national cemetery in Alameda, California, in an amount not to exceed $395,000,000. (2) Construction of a community living center and renovation of domiciliary and outpatient facilities in Canandaigua, New York, in an amount not to exceed $506,400,000. (3) Construction of a new health care center in El Paso, Texas, in an amount not to exceed $700,000,000. (4) Seismic upgrade and specialty care improvements in Fort Harrison, Montana, in an amount not to exceed $88,600,000. (5) Realignment and closure of the Livermore campus in Livermore, California, in an amount not to exceed $490,000,000. (6) Construction of a new medical facility in Louisville, Kentucky, in an amount not to exceed $1,013,000,000. (7) Seismic retrofit and renovation of buildings 100 and 101 in Portland, Oregon, in an amount not to exceed $523,000,000. (8) Replacement of the VA Sierra Nevada Health Care System Medical Center in Reno, Nevada, in an amount not to exceed $223,800,000. (b) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2023 or the year in which funds are appropriated for the Construction, Major Projects account, $3,939,800,000 for the projects authorized in subsection (a). &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Building construction", "California", "Department of Veterans Affairs", "Government buildings, facilities, and property", "Health facilities and institutions", "Home and outpatient care", "Kentucky", "Montana", "Nevada", "Oregon", "Texas" ]
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118S300
LOAN Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><b>Leveraging Opportunities for Americans Now Act of 2023 or the LOAN Act of </b><strong></strong><b>2023</b></p> <p>This bill revises interest rates and repayment plans for federal student loans.</p> <p>Specifically, the bill directs the Department of Education (ED) to set the interest rate on federal student loans made on or after July 1, 2024, at 0% and replace the interest with a one-time financing fee.</p> <p>Further, the bill permits ED to credit or refund borrowers who pay the balance of their loan earlier than required by their repayment plan with the amount of the financing fee.</p> <p>In addition, the bill establishes an income-dependent education assistance repayment plan as the default repayment plan for federal student loans. A borrower may select either this new plan or a 10-year fixed repayment plan.</p> <p>ED must calculate annual repayment amounts and provide annual statements to borrowers. </p> <p>The Department of the Treasury must transmit tax information to ED as necessary to determine a borrower's repayment obligations and financing fee adjustments.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 300 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 300 To amend the Higher Education Act of 1965 to provide for Federal student loan reform. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend the Higher Education Act of 1965 to provide for Federal student loan reform. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Leveraging Opportunities for Americans Now Act of 2023'' or the ``LOAN Act of 2023''. SEC. 2. ELIMINATION OF INTEREST AND REPLACEMENT WITH FINANCING FEES. Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended by adding at the end the following: ``(r) Elimination of Interest and Replacement With Financing Fees.-- ``(1) In general.-- ``(A) In general.--Except as provided under subparagraph (B), beginning on July 1, 2024, the Secretary shall make loans under this part in accordance with this subsection. ``(B) Exception.--Beginning on July 1, 2024, the Secretary shall make loans under this part in accordance with the provisions of this part other than this subsection to a borrower who-- ``(i) was enrolled in an institution of higher education on June 30, 2024; and ``(ii) elects to borrow a loan under this part in accordance with the provisions of this part other than this subsection. ``(2) Elimination of interest.--For loans made under this part in accordance with this subsection for which the first disbursement is made on or after July 1, 2024, the applicable rate of interest shall be equal to 0 percent. ``(3) Financing fees.-- ``(A) In general.--Beginning on July 1, 2024, the Secretary shall charge the borrower of a loan made under this part in accordance with this subsection a financing fee determined in accordance with this paragraph and issued on the date the loan is dispersed. ``(B) Determination of fee.--The financing fee for a borrower of a loan made under this part-- ``(i) that is used for enrollment in an undergraduate course of study (except a Federal Direct PLUS Loan made on behalf of a dependent student), shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; ``(ii) that is used for enrollment in a course of study necessary for enrollment in a program leading to a degree or certificate, shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; ``(iii) that is used for enrollment in a program that is necessary for a professional credential or certification from a State that is required for employment as a teacher in an elementary or secondary school in that State, shall be equal to, from the principal amount of the loan, 20 percent of the amount of such loan; and ``(iv) that is a Federal Direct PLUS Loan made on behalf of a dependent student or used for enrollment in a graduate or professional course of study, shall be equal to, from the principal amount of the loan, 35 percent of the amount of such loan. ``(C) Reduction due to prepayment.-- ``(i) In general.--In order to provide an incentive to borrowers to pay the balance of a loan made under this part earlier than required under the applicable repayment plan, the Secretary may credit or refund any such borrowers for an amount of the financing fee charged under this subsection. ``(ii) Regulations.-- ``(I) In general.--Not later than 9 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023, the Secretary shall promulgate regulations establishing the methodology for crediting or refunding a financing fee charged under this subsection pursuant to clause (i). Such credit or refund shall not reduce the financing fee by more than-- ``(aa) with respect to a borrower whose income, as determined under subclause (II), was not more than $45,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 15 percentage points of such amount; ``(bb) with respect to a borrower whose income, as determined under subclause (II), was more than $45,000 but not more than $95,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 10 percentage points of such amount; and ``(cc) with respect to a borrower whose income, as determined under subclause (II), was more than $95,000 in the taxable year in which the borrower paid an amount from the balance of a loan made under this part earlier than required under the applicable repayment plan, 5 percentage points of such amount. ``(II) Income determination.--For purposes of subclause (I), a borrower's income is equal to the amount by which-- ``(aa) the borrower's, and the borrower's spouse's (if applicable), adjusted gross income; exceeds ``(bb) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(D) Methodology of payment.--The Secretary shall establish an amortization schedule for the repayment of financing fees charged under this subsection. ``(4) Rulemaking for consolidation.--Not later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023, the Secretary shall promulgate rules regarding Federal Direct Consolidation Loans made under this part in accordance with this subsection, including a rule that the financing fee for such a Federal Direct Consolidation Loan determined in accordance with this subsection shall not exceed the sum of the financing fees applicable to the consolidated loans.''. SEC. 3. INCOME DEPENDENT EDUCATION ASSISTANCE REPAYMENT PLAN. Part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following: ``SEC. 460A. INCOME DEPENDENT EDUCATION ASSISTANCE REPAYMENT PLAN. ``(a) In General.-- ``(1) Applicability.--Notwithstanding any other provision of this Act, with respect to any loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023, the repayment plan options are only a 10-year fixed repayment plan and the repayment plan under this section. If the borrower of the loan does not select a repayment plan, the repayment of such loan shall be made in accordance with this section. A borrower of a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 may affirmatively select the repayment plan under this section. ``(2) Regulations.--Not later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023, the Secretary shall promulgate rules-- ``(A) outlining how the Department will implement the income dependent education assistance repayment plan requirements for borrowers under this section; and ``(B) regarding monthly repayment processes for borrowers of loans made under this part before the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. ``(3) Rule of construction.--Nothing in this section shall be construed to eliminate or otherwise affect the loan forgiveness or loan cancellation options available under this part to a borrower. ``(b) Duties of the Secretary of the Treasury.-- ``(1) In general.--The Secretary of the Treasury shall, with respect to each individual for whom a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 is in repayment status, transmit to the Secretary of Education-- ``(A) in the case of such an individual who files an income tax return for such taxable year, such tax information as is necessary to determine the individual's repayment obligation and financing fee adjustments, as determined by the Secretary under this part; and ``(B) in the case of any such individual who does not file a return for such taxable year, any available tax information of the individual as may be necessary to determine such obligation and whether such individual is delinquent under the terms of such loan for not so filing. ``(2) Additional program requirements.--The Secretary of the Treasury shall establish such other policies, procedures, and guidance as may be necessary to carry out the purposes of this section, including measures to prevent underreporting and evasion of repayment or filing. ``(c) Duties of the Secretary of Education.-- ``(1) In general.--The Secretary shall carry out, as part of the loan repayment plan established under this section, the following activities: ``(A) Calculation of annual repayment amounts.--The Secretary shall calculate the annual repayment amount under this section for borrowers with 1 or more loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status for one or more months in the taxable year for which the amount is determined regardless of which repayment plan the borrower is in, including the repayment obligations of such borrowers in accordance with subsection (d)(3). ``(B) Communication with the secretary of the treasury.--The Secretary shall transmit to the Secretary of the Treasury such information as is necessary for the Secretary of the Treasury to carry out subsection (d)(3). ``(C) Annual statements.--Upon calculating the annual repayment amounts under subparagraph (A) for a taxable year, the Secretary shall provide a statement, on an annual basis, to each borrower with a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 regardless of which repayment plan the borrower is in, which lists the following: ``(i) Total payments made on the borrower's annual repayment amount for such taxable year. ``(ii) The borrower's annual repayment amount for such taxable year. ``(iii) The outstanding balances on all the loans made to the borrower under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 and any other outstanding balances on loans of the borrower that were made, insured, or guaranteed under this title. ``(iv) A description of how the borrower's annual repayment amount was calculated. ``(D) Payments on a borrower's behalf.-- ``(i) In general.--The Secretary shall-- ``(I) provide a mechanism for other individuals or entities to make payments on the annual repayment amount of a borrower for a taxable year; and ``(II) notify the borrower that any payments made under subclause (I) for the taxable year that exceed the annual repayment amount for the year shall not be refunded to the borrower, except as provided through the appeals process described in clause (ii). ``(ii) Appeals process.--The Secretary shall make available a process through which a borrower can appeal for refund of payments made under clause (i) that exceed the annual repayment amount for the year if such payments were made pursuant to improper wage garnishment. ``(E) Appeals process.-- ``(i) In general.--The Secretary shall make available a process through which a borrower can appeal the calculation of the borrower's annual repayment amount, including a worksheet that enables a borrower to calculate the borrower's annual repayment amount. ``(ii) Good standing.--A borrower who makes an appeal under clause (i) with respect to a loan shall be considered in good standing on such loan during the duration of the appeal. ``(iii) Regulations.--The Secretary shall issue regulations outlining such process not later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. ``(F) Delinquent for failure to file a return.-- ``(i) In general.--In a case in which the Secretary receives information from the Secretary of the Treasury under subsection (b) that a borrower with a loan made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status in the repayment plan under this section, has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return, the Secretary shall-- ``(I) notify the borrower of the borrower's failure to file such a return; and ``(II) if the borrower fails to file such a return within 90 days of receipt of the notice described in subclause (I), consider the borrower's loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 in repayment status in the repayment plan under this section to be delinquent. ``(ii) Appeals process.--The Secretary shall make available a process through which a borrower can appeal a determination under clause (i) that the borrower has failed to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 and such borrower was required to file such a return. The Secretary shall issue regulations outlining such process not later than 18 months after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023. ``(G) Monthly payments process.--The Secretary shall-- ``(i) establish a monthly payments process described in paragraph (2); and ``(ii) issue regulations establishing penalties for default on such monthly payments. ``(H) Calculating loan forgiveness.--The Secretary shall determine appropriate loan forgiveness options for students who select the repayment plan under this section. ``(I) Financial hardships.-- ``(i) In general.--The Secretary shall establish a process for providing an adjustment in both the monthly payment and annual repayment amount obligations on a loan for a borrower experiencing extreme unforeseen financial circumstances unrelated to a change in annual income. ``(ii) Repayment status.--A borrower who receives an adjustment under clause (i) for a loan shall be deemed in repayment status with respect to such loan. ``(2) Monthly payments process.-- ``(A) In general.--The Secretary shall establish a process under which a borrower, or one making payments on behalf of a borrower under paragraph (1)(D), shall make monthly payments towards the borrower's annual repayment amount. ``(B) Information required.--The procedure for initiating the monthly payments process under subparagraph (A) shall include an income estimate based on the income verification provided by the Secretary of the Treasury under subsection (b). ``(C) Automatic continuation.--The monthly payments process shall continue until the borrower's loans made under this part after the date of enactment of the Leveraging Opportunities for Americans Now Act of 2023 are repaid. ``(D) Updating payment amounts.-- ``(i) Secretary.--The Secretary shall automatically recalculate a borrower's monthly payment amount-- ``(I) at the beginning of a new taxable year using the most recent income estimate provided under subsection (b)(1) by the Secretary of the Treasury; and ``(II) not later than 30 days after the date the borrower's income estimate is adjusted after an appeal under paragraph (1)(E). ``(ii) Borrower.--A borrower may request that the Secretary update the borrower's income estimate to adjust monthly payment amounts pursuant to subparagraph (E) or (I) of paragraph (1) at any time. ``(d) Borrower Repayment.-- ``(1) Repayment period.--The repayment period of a loan in the repayment plan under this section shall-- ``(A) begin on the first day of the first taxable year that begins after the borrower's in-school deferment period; and ``(B) continue until the loan is paid in full, except that the Secretary may grant a borrower deferment of the borrower's annual repayment amount-- ``(i) for a period not to exceed 60 days, due to administrative or technical reasons; ``(ii) for a period not to exceed 3 months, due to unusual circumstances that disrupt the borrower's ability to make timely payments on the loan; or ``(iii) renewable at 12-month intervals for a period not to exceed 3 years, due to documented extreme economic hardship on the part of a borrower. ``(2) Prepayment authorized.--A borrower shall have the right to prepay all or part of such loan, at any time and without penalty. Any such prepayment amount shall be applied in accordance with section 455(r)(3)(C). ``(3) Determination of income-based repayment obligation.-- ``(A) In general.--The repayment obligation under this section with respect to an individual for any taxable year is an amount equal to 10 percent of the amount by which-- ``(i) the individual's, and the individual's spouse's (if applicable), adjusted gross income; exceeds ``(ii) 150 percent of the poverty line applicable to the borrower's family size as determined under section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)). ``(B) Exclusion of certain amounts paid on behalf of individual.--Any amount paid on the borrower's behalf under subsection (c)(1)(D) shall not be taken into account in determining such borrower's income- based repayment obligation. ``(C) Individuals not filing a return.--The income- based repayment obligation with respect to an individual not required to file a return under section 6012(a)(1) of the Internal Revenue Code of 1986 shall be treated as zero.''. &lt;all&gt; </pre></body></html>
[ "Education" ]
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118S301
Educational Opportunities Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><b>Educational Opportunities Act </b><strong>of 2023</strong></p> <p>This bill allows individual taxpayers a tax credit for charitable contributions to a scholarship granting organization. The bill allows a maximum credit amount of $4,500 ($2,250 for a married individual filing a separate return). A <i>scholarship granting organization</i> is a tax-exempt entity whose exclusive purpose is to provide scholarships for the tuition and other education expenses of elementary and secondary school students from low-income households (i.e., household income not exceeding 250% of federal poverty guidelines).</p> <p>The bill allows corporate taxpayers a tax credit, up to $100,000, for contributions to a scholarship granting organization. It also imposes a penalty on scholarship granting organizations that fail to distribute at least 90% of their total receipts for elementary and secondary school expenses in a taxable year.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 301 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 301 To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified elementary and secondary education tuition. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to allow a credit against tax for qualified elementary and secondary education tuition. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Educational Opportunities Act of 2023''. SEC. 2. TAX CREDIT FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS. (a) Credit for Individuals.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25E the following new section: ``SEC. 25F. CONTRIBUTIONS FOR QUALIFIED ELEMENTARY AND SECONDARY EDUCATION TUITION. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the amount of qualified contributions made by the taxpayer during the taxable year. ``(b) Dollar Limitation.--The amount allowed as a credit under subsection (a) with respect to any taxpayer shall not exceed-- ``(1) $2,250, in the case of a married individual filing a separate return, and ``(2) $4,500, in any other case. ``(c) Qualified Contributions; Other Definitions.--For purposes of this section-- ``(1) Qualified contribution.--The term `qualified contribution' means a charitable contribution (as defined by section 170(c)) to a scholarship granting organization. ``(2) Scholarship granting organization.--The term `scholarship granting organization' means any organization-- ``(A) which is described in section 501(c)(3) and exempt from tax under section 501(a), ``(B) whose exclusive purpose is to provide scholarships for the qualified elementary and secondary education expenses of eligible students, and ``(C) which meets the requirements of subsection (d). ``(3) Eligible student.--The term `eligible student' means an individual-- ``(A) who is enrolled in a school (within the meaning of section 530(b)(3)(B), after the application of paragraph (4)(B)), and ``(B) who is a member of a household with a total annual household income which does not exceed 250 percent of the Federal poverty guidelines (as determined by the Secretary of Health and Human Services). ``(4) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' has the meaning given such term by section 530(b)(3), except that-- ``(A) `child' shall be substituted for `beneficiary' and `a child' shall be substituted for `the designated beneficiary of the trust' in clauses (i) and (iii) of subparagraph (A) thereof, and ``(B) in applying such paragraph, the term `school' shall only include schools which-- ``(i) charge tuition for attendance, ``(ii) comply with all applicable State laws, including laws relating to unlawful discrimination, health and safety requirements, and criminal background checks of employees, and ``(iii) agree to provide annual reports as described in subsection (e) to the scholarship granting organization and to the parents or guardians of eligible students receiving a scholarship from the scholarship granting organization. ``(5) Scholarship.--The term `scholarship' does not include any payment to fulfill or fund any obligation or project of any school or school system to provide a free, appropriate public education. ``(d) Requirements for Scholarship Granting Organizations.--An organization meets the requirements of this section if-- ``(1) such organization does not provide grants to eligible students for any expenses other than qualified elementary and secondary education expenses, ``(2) such organization provides grants to-- ``(A) more than 1 student, and ``(B) students attending more than 1 school, ``(3) such organization does not earmark or set aside contributions for scholarships on behalf of any particular student or to any specific school or group of schools, ``(4) such organization takes appropriate steps to verify the annual household income and family size of eligible students to which it provides grants, ``(5) such organization obtains annual audits from an independent certified public accountant and submits such audits to the Secretary, ``(6) no employee of such organization has violated any law relating to the audit described in paragraph (4), and ``(7) such organization-- ``(A) requires any eligible student who receives a scholarship-- ``(i) to participate in the evaluation conducted by the Institute of Education Science under section 2(d) of the Educational Opportunities Act of 2023, and ``(ii) to permit such organization to share assessment information and other data regarding the student with the Institute in accordance with subparagraph (B), and ``(B) provides the reports described in subsection (e)(1)(C) and such other information as necessary to the Director of the Institute of Education Science for the purposes of identifying eligible students receiving a scholarship from such organization and conducting the evaluations and reports required under section 2(d) of the Educational Opportunities Act of 2023. For purposes of paragraph (5), the term `independent certified public accountant' means, with respect to an organization, a certified public accountant which is not a related person (within the meaning of section 465(b)(3)(C)) with respect to such organization or any employee of such organization. ``(e) Eligible School Reporting Requirement.-- ``(1) In general.--The reports described in this subsection include-- ``(A) a report to the parents on the student's academic achievement, including a comparison with the aggregate academic achievement of other students in the same grade or level at the school who receive a scholarship from a scholarship granting organization, if available, and ``(B) a report to each scholarship granting organization that provides scholarships to students at the school, including-- ``(i) the test results, in the aggregate and disaggregated by race or ethnicity and grade level, of the students receiving such scholarships who are in grades 3 through 12 on a grade-appropriate nationally norm-referenced standardized test, or a grade-appropriate State-recognized assessment, and ``(ii) any additional data requested by the Director of the Institute of Education Sciences in accordance with section 2(d)(B) of the Educational Opportunities Act of 2023. ``(2) No personally identifiable information.--In preparing and submitting the report described in paragraph (1)(B), a school shall not include any personally identifiable information regarding a student. ``(f) Denial of Double Benefit.--No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. ``(g) Election.--This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.''. (2) Clerical amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25E the following new item: ``Sec. 25F. Contributions for qualified elementary and secondary education tuition.''. (b) Credit for Corporations.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45AA. CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS. ``(a) General Rule.--For purposes of section 38, in the case of a corporation, the education scholarship credit determined under this section for the taxable year is the aggregate amount of qualified contributions for the taxable year. ``(b) Limitation.--The amount of the credit determined under this section for any taxable year shall not exceed $100,000. ``(c) Qualified Contributions.--For purposes of this section, the term `qualified contribution' has the meaning given such term under section 25F. ``(d) Denial of Double Benefit.--No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. ``(e) Election.--This section shall apply to a taxpayer for a taxable year only if such taxpayer elects to have this section apply for such taxable year.''. (2) Conforming amendments.-- (A) Section 38(b) of such Code is amended by striking ``plus'' at the end of paragraph (39), by striking the period at the end of paragraph (40) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(41) the education scholarship credit determined under section 45AA(a).''. (B) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45AA. Contributions to scholarship granting organizations.''. (c) Excise Tax on Failure of Scholarship Granting Organizations to Make Distributions.-- (1) In general.--Chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter I--Scholarship Granting Organizations ``Sec. 4969. Tax on failure to distribute receipts. ``SEC. 4969. TAX ON FAILURE TO DISTRIBUTE RECEIPTS. ``(a) Tax Imposed.--There is hereby imposed a tax on the failure of an scholarship granting organization (as defined in section 25F(c)(2)) to make distributions in any taxable year in an amount equal to or in excess of the required distribution amount before the distribution deadline. ``(b) Amount of Tax.--The tax imposed by subsection (a) shall be equal to 15 percent of the excess (if any) of-- ``(1) the required distribution amount with respect to the taxable year, over ``(2) the amount of receipts of the scholarship granting organization for such taxable year which are distributed before the distribution deadline with respect to such receipts. ``(c) Definitions.--For purposes of this section-- ``(1) Required distribution amount.--The required distribution amount with respect to a taxable year is an amount equal to 90 percent of the total receipts of the scholarship granting organization for such taxable year. ``(2) Distributions.--The term `distribution' includes amounts which are formally committed but not distributed. ``(3) Distribution deadline.--The distribution deadline with respect to receipts for a taxable year is the first day of the second taxable year following the taxable year in which such receipts are received by the scholarship granting organization. ``(d) Reasonable Cause Exception.--The tax imposed by subsection (a) shall not apply with respect to any failure to make required distributions before the distribution deadline which is not willful and is due to reasonable cause.''. (2) Abatement of tax.-- (A) General rule.--Subsection (b) of section 4962 of such Code is amended by striking ``or G'' and inserting ``G, or I''. (B) First tier tax.--Subsection (a) of section 4963 of such Code is amended by inserting ``4969,'' after ``4967,''. (C) Taxable event.--Subsection (c) of section 4963 of such Code is amended by inserting ``4969,'' after ``4967,''. (3) Correction period.--Subparagraph (A) of section 4963(e)(2) of such Code is amended by inserting ``or 4969'' after ``4942''. (4) Conforming amendment.--The table of subchapters for chapter 42 of such Code is amended by adding at the end the following new item: ``subchapter i--scholarship granting organizations''. (d) Evaluations.-- (1) Definitions.--In this section-- (A) the terms ``eligible student'', ``qualified elementary and secondary education expenses'', and ``scholarship granting organization'' have the meanings given such terms in section 25F(c) of the Internal Revenue Code of 1986, as added by this Act; (B) the term ``Director'' means the Director of the Institute of Education Sciences; and (C) the term ``participating student'' means an eligible student who receives a scholarship for qualified elementary and secondary education expenses from a scholarship granting organization. (2) Evaluations.-- (A) In general.--By not later than April 1 of the year following the year of the date of enactment of this Act, and by April 1 of each subsequent year, the Director shall conduct an annual evaluation to determine the effectiveness of scholarships provided by scholarship granting organizations to eligible students in improving the academic achievement and success of the eligible students. (B) Contents of the evaluation.--In conducting the evaluation required under this subsection, the Director shall-- (i) request, from each scholarship granting organization, the reports provided to the scholarship granting organization by the schools accepting participating students, in accordance with section 25F(e)(1)(B); (ii) using the reports described in clause (i), assess the academic achievement of all participating students in grades 3 through 12, based on the nationally norm-referenced standardized test or State-recognized assessment used by each school; (iii) evaluate the school retention rates, secondary school graduation rates, and institution of higher education admission rates of participating students; (iv) evaluate the success of the tax credits allowed under section 25F and 45AA of the Internal Revenue Code of 1986, as added by this Act, in expanding school choice options for parents of participating students, increasing the satisfaction of such parents and students, and increasing parental involvement of such parents in the education of their students; and (v) evaluate such other issues with respect to the education of participating students as the Director considers appropriate for inclusion in the evaluation. (3) Reports.--By not later than April 1 of the year after the year of the first evaluation under paragraph (2), and by April 1 of each subsequent year, the Director shall submit to the Committee on Finance and the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Ways and Means and the Committee on Education and the Workforce of the House of Representatives, an annual report on scholarships provided by scholarship granting organizations that incorporates the results of the most recent evaluation described in paragraph (2). (4) Prohibition.--No personally identifiable information shall be disclosed in the data, evaluations, and reports required under this subsection. (5) Public availability.--The Director shall make all evaluations, reports, and underlying data gathered pursuant to this subsection available to the public, upon request and in a timely manner following submission of the applicable report or evaluation under this subsection, subject to paragraph (4). (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply to taxable years beginning after December 31, 2022. &lt;all&gt; </pre></body></html>
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118S302
Barbosa Act
[ [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "sponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ] ]
<p><b>CPT Rafael Barbosa Enhanced Colorectal Cancer Screening Standard for Toxic Exposed Members of the Uniformed Services Act or the Barbosa Act</b></p> <p>This bill entitles certain members of the uniformed services to a colorectal cancer screening through the Military Health System. Specifically, the bill provides such entitlement to members who, during active service, were deployed during specified time frames in certain locations where burn pits are or were used (e.g., Iraq from August 2, 1990, to February 28, 1991). A burn pit is an area used for burning solid waste in open air without equipment.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 302 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 302 To amend title 10, United States Code, to direct the Secretary of Defense to provide colorectal cancer screening for members of the uniformed services who served in locations associated with toxic exposure, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Ms. Klobuchar introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend title 10, United States Code, to direct the Secretary of Defense to provide colorectal cancer screening for members of the uniformed services who served in locations associated with toxic exposure, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``CPT Rafael Barbosa Enhanced Colorectal Cancer Screening Standard for Toxic Exposed Members of the Uniformed Services Act'' or the ``Barbosa Act''. SEC. 2. REVISION OF THE PRIMARY AND PREVENTIVE HEALTH CARE POLICY OF THE DEPARTMENT OF DEFENSE TO PROVIDE ENHANCED COLORECTAL CANCER SCREENING STANDARD FOR MEMBERS OF THE UNIFORMED SERVICES WHO SERVED IN LOCATIONS ASSOCIATED WITH TOXIC EXPOSURE. (a) In General.--Section 1074d of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``subsection (b)'' and inserting ``subsection (c)''; and (B) in paragraph (2), by striking ``consider appropriate.'' and inserting ``determine meet or exceed national standards for preventive care services, including screening under subsection (b).''; (2) by redesignating subsection (b) as subsection (c); and (3) by inserting after subsection (a) the following new subsection (b): ``(b) Enhanced Colorectal Cancer Screening Standard for Members of the Uniformed Services Exposed to Toxic Substances.--(1) Under the policy developed under subsection (a)(2), any member of the uniformed services who, during active service, was deployed in support of a contingency operation in a location and during a period specified in paragraph (2), is entitled to a colorectal cancer screening, which may include a colonoscopy, fecal occult blood testing, sigmoidoscopy, or other colon cancer screening, by a health care provider of the Department of Defense beginning on the date that is five years after the first day of qualifying service for such member and thereafter at a frequency as recommended by the United States Preventive Services Task Force. ``(2) The locations and periods specified in this paragraph are the following: ``(A) Iraq during following periods: ``(i) The period beginning on August 2, 1990, and ending on February 28, 1991. ``(ii) The period beginning on March 19, 2003, and ending on such date as the Secretary of Defense determines burn pits are no longer used in Iraq. ``(B) The Southwest Asia theater of operations, other than Iraq, during the period beginning on August 2, 1990, and ending on such date as the Secretary determines burn pits are no longer used in such location, including the following locations: ``(i) Kuwait. ``(ii) Saudi Arabia. ``(iii) Oman. ``(iv) Qatar. ``(C) Afghanistan during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Afghanistan. ``(D) Djibouti during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Djibouti. ``(E) Syria during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Syria. ``(F) Jordan during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Jordan. ``(G) Egypt during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Egypt. ``(H) Lebanon during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Lebanon. ``(I) Yemen during the period beginning on September 11, 2001, and ending on such date as the Secretary determines burn pits are no longer used in Yemen. ``(J) Such other locations and corresponding periods as set forth by the Airborne Hazards and Open Burn Pit Registry established under section 201 of the Dignified Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note). ``(K) Such other locations and corresponding periods as the Secretary may determine appropriate in a report submitted under paragraph (3). ``(3) Not later than two years after the date of the enactment of the CPT Rafael Barbosa Enhanced Colorectal Cancer Screening Standard for Toxic Exposed Members of the Uniformed Services Act, and not less frequently than once every two years thereafter, the Secretary of Defense shall submit to Congress a report specifying other locations and corresponding periods for purposes of paragraph (2)(K). ``(4) A location under this subsection shall not include any body of water around or any airspace above such location. ``(5) In this subsection, the term `burn pit' means an area of land that-- ``(A) is used for disposal of solid waste by burning in the outdoor air; and ``(B) does not contain a commercially manufactured incinerator or other equipment specifically designed and manufactured for the burning of solid waste.''. (b) Report on Colorectal Cancer Rates for Members of the Uniformed Services Deployed to Certain Areas.-- (1) In general.--Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report that compares the rates of colorectal cancer among members of the uniformed services deployed to the locations and during the periods specified in section 1074d(b) of title 10, United States Code, as added by subsection (a), as compared to members of the uniformed services who were not deployed to those locations during those periods and to the civilian population. (2) Uniformed services defined.--In this subsection, the term ``uniformed services'' has the meaning given that term in section 101(a)(5) of title 10, United States Code. &lt;all&gt; </pre></body></html>
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118S303
Presidential Budget Accountability Act
[ [ "M001198", "Sen. Marshall, Roger [R-KS]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 303 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 303 To amend title 31, United States Code, to limit the use of Federal funds for travel by the President if the President's annual budget submission to Congress is late, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To amend title 31, United States Code, to limit the use of Federal funds for travel by the President if the President's annual budget submission to Congress is late, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Budget Accountability Act''. SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR PRESIDENTIAL TRAVEL EXPENSES IF PRESIDENT'S BUDGET IS LATE. Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(j)(1) If the budget under subsection (a) is not submitted to Congress on or before the first Monday in February of a year, no Federal funds may be obligated or expended for the cost of travel by the President during the period beginning on the first Tuesday of February of such year and ending on the date the budget is submitted. ``(2) For purposes of this subsection, the term `Federal funds' includes amounts made available for-- ``(A) the expense allowance of the President under section 102 of title 3; ``(B) travel expenses of the President under section 103 of title 3; ``(C) entertainment expenses of the President under section 105(d)(3) of title 3; and ``(D) subsistence expenses in connection with the travel of the President in section 105(d)(4) of title 3.''. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics" ]
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118S304
PAYSTUB Act
[ [ "M001198", "Sen. Marshall, Roger [R-KS]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 304 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 304 To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Marshall introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To amend title 31, United States Code, to limit the use of Federal funds for the salaries or expenses of political employees if the President's annual budget submission to Congress is late, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Accountability for Yearly Submission of The United States' Budget Act'' or the ``PAYSTUB Act''. SEC. 2. LIMITATION ON USE OF FEDERAL FUNDS FOR POLITICAL EMPLOYEE SALARIES AND EXPENSES IF PRESIDENT'S BUDGET IS LATE. Section 1105 of title 31, United States Code, is amended by adding at the end the following: ``(j)(1) If the budget under subsection (a) is not submitted to Congress on or before the first Monday in February of a year, for service by any political appointee during the period beginning on the first Tuesday of February of such year and ending on the date the budget is submitted, no Federal funds may be obligated or expended for the salary or expenses of the political employee. ``(2) Each political employee whose salary and expenses are not paid by operation of paragraph (1) shall be paid for the period the limitation under such paragraph was in effect at the employee's standard rate of pay, at the earliest date possible after such period ends, regardless of scheduled pay dates. ``(3) In this subsection, the term `political employee' means any individual-- ``(A) occupying a position described under sections 5312 through 5316 of title 5 (relating to the Executive Schedule); ``(B) serving under a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of section 3132(a) of such title; or ``(C) occupying a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.''. &lt;all&gt; </pre></body></html>
[ "Economics and Public Finance" ]
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118S305
250th Anniversary of the United States Marine Corps Commemorative Coin Act
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<p><b>250th Anniversary of the United States Marine Corps Commemorative Coin Act</b></p> <p>This bill directs the Department of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the 250th anniversary of the United States Marine Corps. </p> <p>All surcharges received by Treasury from the sale of such coins must be paid to the Marine Corps Heritage Foundation and shall only be used for the purposes of supporting the mission of the Marine Corps Heritage Center.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 305 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 305 To require the Secretary of the Treasury to mint coins in commemoration of the 250th anniversary of the United States Marine Corps, and to support programs at the Marine Corps Heritage Center. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Blumenthal (for himself, Mr. Sullivan, Mr. Scott of Florida, Mr. Rounds, Mr. Young, Mrs. Shaheen, Mr. Warner, Mr. Heinrich, and Ms. Duckworth) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To require the Secretary of the Treasury to mint coins in commemoration of the 250th anniversary of the United States Marine Corps, and to support programs at the Marine Corps Heritage Center. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``250th Anniversary of the United States Marine Corps Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) November 10, 2025, marks the 250th anniversary of the United States Marine Corps. (2) The United States Marine Corps has, over the course of its illustrious 250-year history, fought gallantly in defense of the United States. (3) The United States Marine Corps has established itself as a leading military force, always prepared for tomorrow's challenges and to contend with the future character of war. (4) The United States Marine Corps continues to exemplify the warrior ethos that has made it a fighting force of international repute. (5) All Americans should commemorate the legacy of the United States Marine Corps and recognize the significant contributions the values embodied in the Corps have made in protecting the United States against its enemies. (6) In 2000, Congress authorized the construction of the Marine Corps Heritage Center as a multipurpose facility for historical displays for the public viewing, curation and storage of artifacts, research facilities, classrooms, offices and associated activities consistent with the mission of the Marine Corps. (7) On November 10, 2006, the Marine Corps Heritage Center opened to the public, with exhibits that share the history of the Marine Corps from 1775 until 1975, and with planned future exhibits on modern day Marine Corps history from the end of the Vietnam War through the wars in Iraq and Afghanistan. (8) The United States should pay tribute to the 250th anniversary of the United States Marine Corps by minting and issuing a commemorative coin. (9) The surcharge proceeds from the sale of a commemorative coin, which would have no net costs to the taxpayers, would raise valuable funding for the continuation of educational programs of the Marine Corps Heritage Center. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 250th anniversary of the United States Marine Corps, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins: (1) $5 gold coins.--Not more than 50,000 $5 coins, which shall-- (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins.--Not more than 400,000 $1 coins, which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins.--Not more than 750,000 half- dollar coins which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the 250th anniversary of the United States Marine Corps. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2025''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coin minted under this Act shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts, the Commandant of the Marine Corps, and the Marine Corps Heritage Foundation; and (2) reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Any facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for Issuance.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2025. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) In General.--All sales of coins issued under this Act shall include-- (1) a surcharge of $35 per coin for the $5 coin; (2) a surcharge of $10 per coin for the $1 coin; and (3) a surcharge of $5 per coin for the half dollar coin. (b) Distribution.--Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Marine Corps Heritage Foundation and shall only be used for the purposes of supporting the mission of the Marine Corps Heritage Center. (c) Audits.--The Marine Corps Heritage Foundation, shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to the Marine Corps Heritage Foundation until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. &lt;all&gt; </pre></body></html>
[ "Finance and Financial Sector", "Commemorative events and holidays", "Currency", "Military history", "Military personnel and dependents" ]
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118S306
Tule River Tribe Reserved Water Rights Settlement Act of 2023
[ [ "P000145", "Sen. Padilla, Alex [D-CA]", "sponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ] ]
<p><b>Tule River Tribe Reserved Water Rights Settlement Act of 2023</b></p> <p>This bill recognizes and settles the water rights of the Tule River Indian Tribe of the Tule River Reservation in California. It also establishes and provides funding for a settlement trust fund.</p> <p>Specifically, the bill authorizes, ratifies, and confirms a specified water rights settlement agreement entered into by the tribe, the South Tule Independent Ditch Company, and the Tule River Association, thus satisfying claims to water rights in California.</p> <p>Additionally, the bill outlines the tribe's water rights, including the right to divert and use 5,828 acre-feet of water per year from the South Fork Tule River.</p> <p>Next, the bill establishes and provides funding for the Tule River Indian Tribe Settlement Trust Fund. Amounts deposited in this trust fund shall be made available to the tribe for water development projects.</p> <p>The bill also transfers specified lands, including a portion of federal lands in the Sequoia National Forest, into trust for the benefit of the tribe.</p> <p>The bill outlines waivers, releases, and retentions of claims by the tribe and the United States under the settlement agreement.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 306 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 306 To approve the settlement of the water right claims of the Tule River Tribe, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Padilla (for himself and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs _______________________________________________________________________ A BILL To approve the settlement of the water right claims of the Tule River Tribe, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Tule River Tribe Reserved Water Rights Settlement Act of 2023''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. Ratification of 2007 Agreement. Sec. 5. Tribal Water Right. Sec. 6. Tule River Tribe trust accounts. Sec. 7. Funding. Sec. 8. Transfer of land into trust. Sec. 9. Satisfaction of claims. Sec. 10. Waivers and releases of claims. Sec. 11. Enforceability Date. Sec. 12. Binding effect; judicial approval; enforceability. Sec. 13. Miscellaneous provisions. Sec. 14. Antideficiency. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to achieve a fair, equitable, and final settlement of claims to water rights in the State of California for-- (A) the Tule River Tribe; and (B) the United States, acting as trustee for the Tribe; (2) to authorize, ratify, and confirm the 2007 Agreement entered by the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, to the extent that the 2007 Agreement is consistent with this Act; (3) to authorize and direct the Secretary-- (A) to execute the 2007 Agreement, with amendments to facilitate implementation and approval of the 2007 Agreement; and (B) to take any other actions necessary to carry out the 2007 Agreement in accordance with this Act; (4) to authorize funds necessary for the implementation of the 2007 Agreement and this Act; and (5) to authorize the transfer of certain lands to the Tribe, to be held in trust. SEC. 3. DEFINITIONS. (a) In General.--In this Act: (1) 2007 agreement.--The term ``2007 Agreement'' means-- (A) the agreement dated November 21, 2007, as amended on April 22, 2009, between the Tribe, the South Tule Independent Ditch Company, and the Tule River Association, and exhibits attached thereto; and (B) any amendment to the Agreement referred to in subparagraph (A) (including an amendment to any exhibit) that is executed in accordance with section 4(a)(2). (2) Court.--The term ``Court'' means the United States District Court for the Eastern District of California, unless otherwise specified herein. (3) Divert; diversion.--The terms ``divert'' and ``diversion'' mean to remove water from its natural course or location by means of a ditch, canal, flume, bypass, pipeline, conduit, well, pump, or other structure or device, or act of a person. (4) Downstream water users.--The term ``Downstream Water Users'' means-- (A) the Tule River Association and its successors and assigns; (B) the South Tule Independent Ditch Company and its successors and assigns; and (C) any and all other holders of water rights in the South Fork Tule River Basin. (5) Enforceability date.--The term ``Enforceability Date'' means the date described in section 11. (6) OM&R.-- (A) In general.--The term ``OM&R'' means operation, maintenance, and replacement. (B) Inclusions.--The term ``OM&R'' includes-- (i) any recurring or ongoing activity relating to the day-to-day operation of a project; (ii) any activity relating to scheduled or unscheduled maintenance of a project; and (iii) any activity relating to repairing or replacing a feature of a project. (7) Operation rules.--The term ``Operation Rules'' means the rules of operation for the Phase I Reservoir, as established in accordance with the 2007 Agreement and this Act. (8) Parties.--The term ``Parties'' means the signatories to the 2007 Agreement, including the Secretary. (9) Phase i reservoir.--The term ``Phase I Reservoir'' means the reservoir described in either section 3.4.B.(1) or section 3.4.B.(2) of the 2007 Agreement. (10) Reservation; tule river reservation.--The terms ``Reservation'' and ``Tule River Reservation'' mean the reservation of lands set aside for the Tribe by the Executive Orders of January 9, 1873, October 3, 1873, and August 3, 1878, including lands added to the Reservation pursuant to section 8. (11) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (12) South tule independent ditch company.--The term ``South Tule Independent Ditch Company'' means the nonprofit mutual water company incorporated in 1895 that has claims to ownership of water rights dating back to 1854, which provides water diverted from the South Fork of the Tule River to its shareholders on lands downstream from the Tule River Reservation. (13) Tribal water right.--The term ``Tribal Water Right'' means the water rights ratified, confirmed, and declared to be valid for the benefit of the Tribe as set forth and described in the 2007 Agreement and this Act. (14) Tribe.--The term ``Tribe'' means the Tule River Indian Tribe of the Tule River Reservation, California, a federally recognized Indian Tribe. (15) Trust fund.--The term ``Trust Fund'' means the Tule River Indian Tribe Settlement Trust Fund established under section 6(a). (16) Tule river association.-- (A) In general.--The term ``Tule River Association'' means the association formed by agreement in 1965, the members of which are representatives of all pre-1914 appropriative and certain riparian water right holders of the Tule River at and below the Richard L. Schafer Dam and Reservoir. (B) Inclusions.--The term ``Tule River Association'' includes the Pioneer Water Company, the Vandalia Irrigation District, the Porterville Irrigation District, and the Lower Tule River Irrigation District. (17) Water development project.--The term ``Water Development Project'' means a project for domestic, commercial, municipal, and industrial water supply, including but not limited to water treatment, storage, and distribution infrastructure, to be constructed, in whole or in part, using monies from the Trust Fund. (b) Definitions of Other Terms.--Any other term used in this Act but not defined in subsection (a)-- (1) has the meaning given the term in the 2007 Agreement; or (2) if no definition for the term is provided in the 2007 Agreement, shall be used in a manner consistent with its use in the 2007 Agreement. SEC. 4. RATIFICATION OF 2007 AGREEMENT. (a) Ratification.-- (1) In general.--Except as modified by this Act and to the extent that the 2007 Agreement does not conflict with this Act, the 2007 Agreement is authorized, ratified, and confirmed. (2) Amendments.-- (A) General amendments.--If an amendment to the 2007 Agreement, or to any exhibit attached to the 2007 Agreement requiring the signature of the Secretary, is executed in accordance with this Act to make the 2007 Agreement consistent with this Act, the amendment is authorized, ratified, and confirmed. (B) Specific amendments.-- (i) Substitute sites.--If a substitute site for the Phase I Reservoir is identified by the Tribe pursuant to section 3.4.B.(2)(a) of the 2007 Agreement, then amendments related to the Operation Rules are authorized, ratified, and confirmed, to the extent that such Amendments are consistent with the 2007 Agreement and this Act. (ii) Priority date.--Amendments agreed to by the Parties to establish that the priority date for the Tribal Water Right is no later than January 9, 1873, is authorized, ratified, and confirmed. (iii) Senior water rights.--Amendments agreed to by the Parties to accommodate senior water rights of those Downstream Water Users described in section 3(a)(4)(C) are authorized, ratified, and confirmed, to the extent that the Court finds any such Downstream Water Users possess senior water rights that can be accommodated only by amendment of the 2007 Agreement. (iv) Other amendments.--Other amendments agreed to by the Parties to facilitate implementation and approval of the 2007 Agreement are authorized, ratified, and confirmed, to the extent that such amendments are otherwise consistent with this Act and with other applicable law. (b) Execution.-- (1) In general.--To the extent the 2007 Agreement does not conflict with this Act, the Secretary shall execute the 2007 Agreement, in accordance with paragraph (2), including all exhibits to, or parts of, the 2007 Agreement requiring the signature of the Secretary. (2) Timing.--The Secretary shall not execute the 2007 Agreement until-- (A) the Parties agree on amendments related to the priority date for the Tribal Water Right; and (B) either-- (i) the Tribe moves forward with the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement; or (ii) if the Tribe selects a substitute site pursuant to section 3.4.B.(2) of the 2007 Agreement, either-- (I) the Parties agree on Operation Rules; or (II) the Secretary determines, in the discretion of the Secretary, that the Parties have reached an impasse in attempting to negotiate the Operation Rules. (3) Modifications.--Nothing in this Act prohibits the Secretary, after execution of the 2007 Agreement, from approving any modification to the 2007 Agreement, including any exhibit to the 2007 Agreement, that is consistent with this Act, to the extent that the modification does not otherwise require congressional approval under section 2116 of the Revised Statutes (25 U.S.C. 177) or any other applicable provision of Federal law. (c) Environmental Compliance.-- (1) In general.--In implementing the 2007 Agreement and this Act, the Secretary shall comply with all applicable provisions of-- (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (B) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), including the implementing regulations of that Act; and (C) other applicable Federal environmental laws and regulations. (2) Compliance.-- (A) In general.--In implementing the 2007 Agreement and this Act, the Tribe shall prepare any necessary environmental documents, consistent with all applicable provisions of-- (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (ii) the National Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), including the implementing regulations of that Act; and (iii) all other applicable Federal environmental laws and regulations. (B) Authorizations.--The Secretary shall-- (i) independently evaluate the documentation submitted under subparagraph (A); and (ii) be responsible for the accuracy, scope, and contents of that documentation. (3) Effect of execution.--The execution of the 2007 Agreement by the Secretary under this section shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (4) Costs.--Any costs associated with the performance of the compliance activities under this subsection shall be paid from funds deposited in the Trust Fund, subject to the condition that any costs associated with the performance of Federal approval or other review of such compliance work or costs associated with inherently Federal functions shall remain the responsibility of the Secretary. SEC. 5. TRIBAL WATER RIGHT. (a) Confirmation of Tribal Water Right.-- (1) In general.--The Tribal Water Right is ratified, confirmed, and declared valid. (2) Quantification.--The Tribal Water Right includes the right to divert and use or permit the diversion and use of up to 5,828 acre-feet per year of surface water from the South Fork Tule River, as described in the 2007 Agreement and as confirmed in the decree entered by the Court pursuant to subsections (b) and (c) of section 12. (3) Use.--Any diversion, use, and place of use of the Tribal Water Right shall be subject to the terms and conditions of the 2007 Agreement and this Act. (b) Trust Status of Tribal Water Right.--The Tribal Water Right-- (1) shall be held in trust by the United States for the use and benefit of the Tribe in accordance with this Act; and (2) shall not be subject to loss through non-use, forfeiture, abandonment, or other operation of law. (c) Authority of the Tule River Tribe.-- (1) In general.--The Tule River Tribe shall have the authority to allocate and distribute the Tribal Water Right for use on the Reservation in accordance with the 2007 Agreement, this Act, and applicable Federal law. (d) Administration.-- (1) No alienation.--The Tribe shall not permanently alienate any portion of the Tribal Water Right. (2) Purchases or grants of land from indians.--An authorization provided by this Act for the allocation, distribution, leasing, or other arrangement entered into pursuant to this Act shall be considered to satisfy any requirement for authorization of the action by treaty or convention imposed by section 2116 of the Revised Statutes (25 U.S.C. 177). (3) Prohibition on forfeiture.--The non-use of all or any portion of the Tribal Water Right by any water user shall not result in the forfeiture, abandonment, relinquishment, or other loss of all or any portion of the Tribal Water Right. SEC. 6. TULE RIVER TRIBE TRUST ACCOUNTS. (a) Establishment.--The Secretary shall establish a trust fund, to be known as the ``Tule River Indian Tribe Settlement Trust Fund'', to be managed, invested, and distributed by the Secretary and to remain available until expended, withdrawn, or reverted to the general fund of the Treasury, consisting of the amounts deposited in the Trust Fund under subsection (c), together with any interest earned on those amounts, for the purpose of carrying out this Act. (b) Accounts.--The Secretary shall establish in the Trust Fund the following Accounts: (1) The Tule River Tribe Water Development Projects Account. (2) The Tule River Tribe OM&R Account. (c) Deposits.--The Secretary shall deposit-- (1) in the Tule River Tribe Water Development Projects Account established under subsection (b)(1), the amounts made available pursuant to section 7(a)(1); and (2) in the Tule River Tribe OM&R Account established under subsection (b)(2), the amounts made available pursuant to section 7(a)(2). (d) Management and Interest.-- (1) Management.--On receipt and deposit of funds into the accounts in the Trust Fund pursuant to subsection (c), the Secretary shall manage, invest, and distribute all amounts in the Trust Fund in accordance with the investment authority of the Secretary under-- (A) the first section of the Act of June 24, 1938 (52 Stat. 1037, chapter 648; 25 U.S.C. 162a); (B) the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.); and (C) this section. (2) Investment earnings.--In addition to the deposits under subsection (c), any investment earnings, including interest, credited to amounts held in the Trust Fund are authorized to be used in accordance with subsections (e) and (h). (e) Availability of Amounts.-- (1) In general.--Amounts appropriated to, and deposited in, the Trust Fund, including any investment earnings, including interest, shall be made available to the Tribe by the Secretary beginning on the Enforceability Date and subject to the requirements set forth in this section, except for funds to be made available to the Tribe pursuant to paragraph (2). (2) Use of certain funds.--Notwithstanding paragraph (1), $20,000,000 of the amounts deposited in the Tule River Tribe Water Development Projects Account shall be made available to conduct technical studies and related investigations regarding the Phase I Reservoir and to establish appropriate Operation Rules. (f) Withdrawals.-- (1) Withdrawals under the american indian trust fund management reform act of 1994.-- (A) In general.--The Tribe may withdraw any portion of the amounts in the Trust Fund on approval by the Secretary of a Tribal management plan submitted by the Tribe in accordance with the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.). (B) Requirements.--In addition to the requirements under the American Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal management plan under this paragraph shall require that the Tribe shall spend all amounts withdrawn from the Trust Fund, and any investment earnings accrued through the investments under the Tribal management plan, in accordance with this Act. (C) Enforcement.--The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce the Tribal management plan under this paragraph to ensure that amounts withdrawn by the Tribe from the Trust Fund under this paragraph are used in accordance with this Act. (2) Withdrawals under expenditure plan.-- (A) In general.--The Tribe may submit to the Secretary a request to withdraw amounts from the Trust Fund pursuant to an approved expenditure plan. (B) Requirements.--To be eligible to withdraw amounts under an expenditure plan under this paragraph, the Tribe shall submit to the Secretary an expenditure plan for any portion of the Trust Fund that the Tribe elects to withdraw pursuant to this subparagraph, subject to the condition that the amounts shall be used for the purposes described in this Act. (C) Inclusions.--An expenditure plan under this paragraph shall include a description of the manner and purpose for which the amounts proposed to be withdrawn from the Trust Fund will be used by the Tribe in accordance with subsections (e) and (h). (D) Approval.--The Secretary shall approve an expenditure plan submitted under this paragraph if the Secretary determines that the plan-- (i) is reasonable; and (ii) is consistent with, and will be used for, the purposes of this Act. (E) Enforcement.--The Secretary may carry out such judicial and administrative actions as the Secretary determines to be necessary to enforce an expenditure plan to ensure that amounts disbursed under this paragraph are used in accordance with this Act. (g) Effect of Section.--Nothing in this section gives the Tribe the right to judicial review of a determination of the Secretary relating to whether to approve a Tribal management plan under subsection (f)(1) or an expenditure plan under subsection (f)(2) except under subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''). (h) Uses.--Amounts from the Trust Fund may only be used by the Tribe for the following purposes: (1) The Tule River Tribe Water Development Projects Account may only be used to plan, design, and construct Water Development Projects on the Tule River Reservation, and for the conduct of related activities, including for environmental compliance in the development and construction of projects under this Act. (2) The Tule River Tribe OM&R Account may only be used for the OM&R of Water Development Projects. (i) Liability.--The Secretary and the Secretary of the Treasury shall not be liable for the expenditure or investment of any amounts withdrawn from the Trust Fund by the Tribe under paragraphs (1) and (2) of subsection (f). (j) Title to Infrastructure.--Title to, control over, and operation of any project constructed using funds from the Trust Fund shall remain in the Tribe. (k) Operation, Maintenance, & Replacement.--All OM&R costs of any project constructed using funds from the Trust Fund shall be the responsibility of the Tribe. (l) No Per Capita Distributions.--No portion of the Trust Fund shall be distributed on a per capita basis to any member of the Tribe. (m) Expenditure Report.--The Tule River Tribe shall annually submit to the Secretary an expenditure report describing accomplishments and amounts spent from use of withdrawals under a Tribal management plan or an expenditure plan under this Act. SEC. 7. FUNDING. (a) Funding.--Out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary-- (1) for deposit in the Tule River Tribe Water Development Projects Account $518,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury; and (2) for deposit in the Tule River Tribe OM&R Account $50,000,000, to be available until expended, withdrawn, or reverted to the general fund of the Treasury. (b) Fluctuation in Costs.-- (1) In general.--The amounts authorized to be appropriated under subsection (a) shall be increased or decreased, as appropriate, by such amounts as may be justified by reason of ordinary fluctuations in costs occurring after November 1, 2020, as indicated by the Bureau of Reclamation Construction Cost Index--Composite Trend. (2) Construction costs adjustment.--The amounts authorized to be appropriated under subsection (a) shall be adjusted to address construction cost changes necessary to account for unforeseen market volatility that may not otherwise be captured by engineering cost indices as determined by the Secretary, including repricing applicable to the types of construction and current industry standards involved. (3) Repetition.--The adjustment process under this subsection shall be repeated for each subsequent amount appropriated until the amount authorized, as adjusted, has been appropriated. (4) Period of indexing.--The period of indexing adjustment under this subsection for any increment of funding shall end on the date on which the funds are deposited into the Trust Fund. SEC. 8. TRANSFER OF LAND INTO TRUST. (a) Transfer of Land to Trust.-- (1) In general.--Subject to valid existing rights, and the requirements of this subsection, all right, title, and interest of the United States in and to the land described in paragraph (2) shall be held in trust by the United States for the benefit of the Tribe as part of the Reservation upon the Enforceability Date, provided that the Tribal fee land described in paragraph (2)(C)-- (A) is free from any liens, encumbrances, or other infirmities; and (B) has no existing evidence of any hazardous substances or other environmental liability. (2) Lands to be held in trust.--The land referred to in paragraph (1) is the following: (A) Bureau of land management lands.-- (i) Approximately 26.15 acres of land located in T. 22 S., R. 29 E., sec. 35, Lot 9. (ii) Approximately 85.50 acres of land located in T. 22 S., R. 29 E., sec. 35, Lots 6 and 7. (iii) Approximately 38.77 acres of land located in-- (I) T. 22 S., R. 30 E., sec. 30, Lot 1; and (II) T. 22 S., R. 30 E., sec. 31, Lots 6 and 7. (iv) Approximately 154.9 acres of land located in T. 22 S., R. 30 E., sec. 34, N\1/ 4\SW\1/4\ and SW\1/4\SW\1/4\, Lots 2 and 3. (v) Approximately 40.00 acres of land located in T. 22 S., R. 30 E., sec. 34, NE\1/ 4\SE\1/4\. (vi) Approximately 375.17 acres of land located in-- (I) T. 22 S., R. 30 E., sec. 35, S\1/2\NE\1/4\, N\1/2\SE\1/4\, and SE\1/ 4\SE\1/4\, Lots 3, 4, and 6; and (II) T. 23 S., R. 30 E., sec. 2, S\1/2\NE\1/4\, Lots 6 and 7. (vii) Approximately 60.43 acres of land located in-- (I) T. 22 S., R. 30 E., sec. 35, SW\1/4\SW\1/4\; and (II) T. 23 S., R. 30 E., sec. 2, Lot 9. (viii) Approximately 15.48 acres of land located in T. 21 S., R. 30 E., sec. 31 in that portion of the NW\1/4\ lying between Lots 8 and 9. (ix) Approximately 29.26 acres of land located in T. 21 S., R. 30 E., sec. 31, Lot 7. (B) Forest service lands.--Approximately 9,037 acres of land comprising the headwaters area of the South Fork Tule River watershed located east of and adjacent to the Tule River Indian Reservation, and more particularly described as follows: (i) Commencing at the northeast corner of the Tule River Indian Reservation in T. 21 S., R. 31 E., sec. 16, Mount Diablo Base and Meridian, running thence east and then southeast along the ridge of mountains dividing the waters of the South Fork of the Tule River and Middle Fork of the Tule River, continuing south and then southwest along the ridge of mountains dividing the waters of the South Fork of the Tule River and the Upper Kern River until intersecting with the southeast corner of the Tule River Indian Reservation in T. 22 S., R. 31 E., sec. 28, thence from such point north along the eastern boundary of the Tule River Indian Reservation to the place of beginning. (ii) The area encompasses-- (I) all of secs. 22, 23, 26, 27, 34, 35, and portions of secs. 13, 14, 15, 16, 21, 24, 25, 28, 33, and 36, in T. 21 S., R. 31 E.; and (II) all of secs. 3 and 10, and portions of secs. 1, 2, 4, 9, 11, 14, 15, 16, 21, 22, 27, and 28, in T. 22 S., R. 31 E. (C) Tribally owned fee lands.-- (i) Approximately 300 acres of land known as the McCarthy Ranch and more particularly described as follows: (I) The SW\1/4\ and that portion of the SE\1/4\ of sec. 9 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south and west of the center line of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; excepting therefrom an undivided one-half interest in and to the oil, gas, minerals, and other hydrocarbon substances in, on, or under such land, as reserved by Alice King Henderson, a single woman, by Deed dated January 22, 1959, and Recorded February 18, 1959, in Book 2106, page 241, Tulare County Official Records. (II) An easement over and across that portion of the SW\1/4\ of sec. 10 in T. 22 S., R. 29 E., Mount Diablo Base and Meridian, County of Tulare, State of California, more particularly described as follows: (aa) Beginning at the intersection of the west line of the SW\1/4\ of sec. 10, and the south bank of the South Tule Independent Ditch; thence south 20 rods; thence in an easterly direction, parallel with such ditch, 80 rods; thence north 20 rods, thence westerly along the south bank of such ditch 80 rods to the point of beginning; for the purpose of-- (AA) maintaining thereon an irrigation ditch between the headgate of the King Ditch situated on such land and the SW\1/4\ and that portion of the SE\1/4\ of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886, in the County of Tulare, State of California; and (BB) conveying therethrough water from the South Fork of the Tule River to the SW\1/ 4\ and that portion of the SE\1/4\ of sec. 9 in T. 22 S., R. 29 E., lying south and west of the centerline of the South Fork of the Tule River, as such river existed on June 9, 1886. (bb) The easement described in item (aa) shall follow the existing route of the King Ditch. (ii) Approximately 640 acres of land known as the Pierson/Diaz property in T. 22 S., R. 29 E., sec. 16, Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iii) Approximately 375.44 acres of land known as the Hyder property and more particularly described as follows: (I) That portion of the S\1/2\ of sec. 12 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, lying south of the County Road known as Reservation Road, excepting therefrom an undivided one-half interest in all oil, gas, minerals, and other hydrocarbon substances as reserved in the deed from California Lands, Inc., to Lovell J. Wilson and Genevieve P. Wilson, recorded February 17, 1940, in book 888, page 116, Tulare County Official Records. (II) The NW\1/4\ of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof, excepting therefrom the south 1200 feet thereof. (III) The south 1200 feet of the NW\1/4\ of sec. 13 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (iv) Approximately 157.22 acres of land situated in the unincorporated area of the County of Tulare, State of California, known as the Trailor property, and more particularly described as follows: The SW\1/4\ of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the unincorporated area of the County of Tulare, State of California, according to the official plat thereof. (v) Approximately 89.45 acres of land known as the Tomato Patch in that portion of the SE\1/4\ of sec. 11 in T. 22 S., R. 28 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the Official Plat of the survey of such land on file in the Bureau of Land Management at the date of the issuance of the patent thereof, and more particularly described as follows: Beginning at the southeast corner of T. 22 S., R. 28 E., sec. 11, thence north and along the east line of such sec. 11, 1342 feet, thence south 83 44' west 258 feet, thence north 84 30' west 456 feet, thence north 65 28' west 800 feet, thence north 68 44' west 295 feet, thence south 71 40' west 700 feet, thence south 56 41' west 240 feet to the west line of the SE\1/4\ of such sec. 11, thence south 0 21' west along such west line of the SE\1/4\ of sec. 11, thence west 1427 feet to the southwest corner of such SE\1/4\ of sec. 11, thence south 89 34' east 2657.0 feet to the point of beginning, excepting therefrom-- (I) a strip of land 25 feet in width along the northerly and east sides and used as a County Road; and (II) an undivided one-half interest in all oil, gas, and minerals in and under such lands, as reserved in the Deed from Bank of America, a corporation, dated August 14, 1935, filed for record August 28, 1935, Fee Book 11904. (vi) Approximately 160 acres of land known as the Smith Mill in the NW\1/4\ of the NE\1/ 4\, the N\1/2\ of the NW\1/4\, and the SE\1/4\ of the NW\1/4\ of sec. 20 in T. 21 S., R. 31 E., Mount Diablo Base and Meridian, in the County of Tulare, State of California, according to the official plat thereof. (vii) Approximately 35 acres of land located within the exterior boundaries of the Tule River Reservation known as the Highway 190 parcel, with the legal description as follows: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, Sate of California, according to the official plat thereof, and more particularly described as follows: Commencing at a point in the south line of the N\1/2\ of the S\1/2\ of such sec. 19, such point being south 89 54' 47'' east, 1500.00 feet of the southwest corner of such N\1/2\, thence north 52 41' 17'' east, 1602.80 feet to the true point of beginning of the parcel to be described, thence north 32 02' 00'' west, 1619.53 feet to a point in the southeasterly line of State Highway 190 per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence north 57 58' 00'' east, 232.29 feet, thence north 66 33' 24'' east, 667.51 fee, thence departing the southeasterly line of such Highway 190, south 44 53' 27'' east, 913.62 feet, thence south 85 53' 27'' east, 794.53 feet, thence south 52 41' 17'' west, 1744.64 feet to the true point of beginning. (viii) Approximately 61.91 acres of land located within the exterior boundaries of the Tule River Reservation known as the Shan King property, with the legal description as follows: (I) Parcel 1: Parcel No. 1 of parcel map no. 4028 in the County of Tulare, State of California, as per the map recorded in Book 41, page 32 of Tulare County Records. (II)(aa) Parcel 2: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, in the County of Tulare, State of California, described as follows: Commencing at a point in the south line of the N\1/2\ of the S\1/2\ of such sec. 19, such point being south 89 54' 58'' east, 1500.00 feet of the southwest corner of such N\1/2\, thence north 52 41' 06'' east, 1602.80 feet to the southwesterly corner of the 40.00 acre parcel shown on the Record of Survey recorded in Book 18, page 17, of Licensed Surveys, Tulare County Records, thence, north 32 01' 28'' west, 542.04 feet along the southwesterly line of such 40.00 acre parcel to the true point of beginning of the parcel to be described, thence, continuing north 32 01' 28'' west, 1075.50 feet to the northwesterly corner of such 40.00 acre parcel, thence north 57 58' 50'' east, 232.31 feet along the southeasterly line of State Highway 190, thence north 66 34' 12'' east, 6.85 feet, thence, departing the southeasterly line of State Highway 190 south 29 27' 29'' east, 884.73 feet, thence south 02 59' 33'' east, 218.00 feet, thence south 57 58' 31'' west, 93.67 feet to the true point of beginning. (bb) The property described in item (aa) is subject to a 100 foot minimum building setback from the right-of-way of Highway 190. (III) Parcel 3: That portion of T. 21 S., R. 29 E., sec. 19, Mount Diablo Base and Meridian, County of Tulare, State of California, described as follows: Beginning at a point in the south line of the N\1/2\ of the S\1/2\ of such sec. 19, such point being south 89 54' 47'' east, 1500.00 feet of the southwest corner of such N\1/2\, thence north 7 49' 19'' east, 1205.00 feet, thence north 40 00' 00'' west, 850.00 feet to a point in the southeasterly line of State Highway 190, per deeds recorded May 5, 1958, in Book 2053, pages 608 and 613, Tulare County Official Records, thence, north 57 58' 00'' east, 941.46 feet, along the southeasterly line of such Highway 190, thence departing the southeasterly line of such Highway 190, south 32 02' 00'' east, 1619.53 feet, thence south 52 41' 17'' west, 1602.80 feet to the point of beginning, together with a three-quarters (\3/4\) interest in a water system, as set forth in that certain water system and maintenance agreement recorded April 15, 2005, as document no. 2005-0039177. (ix) Approximately 18.44 acres of land located within the exterior boundaries of the Tule River Reservation known as the Parking Lot 4 parcel with the legal description as follows: That portion of the land described in that Grant Deed to Tule River Indian Tribe, recorded June 1, 2010, as document number 2010-0032879, Tulare County Official Records, lying within the following described parcel: beginning at a point on the east line of the NW\1/4\ of sec. 3 in T. 22 S., R. 28 E., Mount Diablo Meridian, lying south 0 49' 43'' west, 1670.53 feet from the N\1/4\ corner of such sec. 3, thence (1) south 89 10' 17'' east, 46.50 feet; thence (2) north 0 49' 43'' east, 84.08 feet; thence (3) north 33 00' 00'' west, 76.67 feet to the south line of State Route 190 as described in that Grant Deed to the State of California, recorded February 14, 1958, in Volume 2038, page 562, Tulare County Official Records; thence (4) north 0 22' 28'' east, 73.59 feet to the north line of the SE\1/4\ of the NW\1/4\ of such sec. 3; thence (5) south 89 37' 32'' east, along such north line, 89.77 feet to the center-north sixteenth corner of such sec. 3; thence (6) south 0 49' 43'' west, along such east line of the NW\1/4\ of such sec. 3, a distance of 222.06 feet to the point of beginning. Containing 0.08 acres, more or less, in addition to that portion lying within Road 284. Together with the underlying fee interest, if any, contiguous to the above-described property in and to Road 284. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights including access rights, appurtenant to grantor's remaining property, in and to such freeway. Reserving however, unto grantor, grantor's successors or assigns, the right of access to the freeway over and across Courses (1) and (2) herein above described. The bearings and distances used in this description are on the California Coordinate System of 1983, Zone 4. Divide distances by 0.999971 to convert to ground distances. (b) Terms and Conditions.-- (1) Existing authorizations.--Any Federal land transferred under this section shall be conveyed and taken into trust subject to valid existing rights, contracts, leases, permits, and rights-of-way, unless the holder of the right, contract, lease, permit, or right-of-way requests an earlier termination in accordance with existing law. The Bureau of Indian Affairs shall assume all benefits and obligations of the previous land management agency under such existing rights, contracts, leases, permits, or rights-of-way, and shall disburse to the Tribe any amounts that accrue to the United States from such rights, contracts, leases, permits, or rights-of-ways after the date of transfer from any sale, bonus, royalty, or rental relating to that land in the same manner as amounts received from other land held by the Secretary in trust for the Tribe. (2) Improvements.--Any improvements constituting personal property, as defined by State law, belonging to the holder of a right, contract, lease, permit, or right-of-way on lands transferred under this section shall remain the property of the holder and shall be removed not later than 90 days after the date on which the right, contract, lease, permit, or right-of- way expires, unless the Tribe and the holder agree otherwise. Any such property remaining beyond the 90-day period shall become the property of the Tribe and shall be subject to removal and disposition at the Tribe's discretion. The holder shall be liable for the costs the Tribe incurs in removing and disposing of the property. (c) Withdrawal of Federal Lands.-- (1) In general.--Subject to valid existing rights, effective on the date of enactment of this Act, all Federal lands within the parcels described in subsection (a)(2) are withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (2) Expiration.--The withdrawals pursuant to paragraph (1) shall terminate on the date that the Secretary takes the lands into trust for the benefit of the Tribe pursuant to subsection (a)(1). (d) Technical Corrections.--Notwithstanding the descriptions of the parcels of land in subsection (a)(2), the United States may, with the consent of the Tribe, make technical corrections to the legal land descriptions to more specifically identify the parcels to be exchanged. (e) Survey.-- (1) Unless the United States or the Tribe requests an additional survey for the transferred land or a technical correction is made under subsection (d), the description of land under this section shall be controlling. (2) If the United States or the Tribe requests an additional survey, that survey shall control the total acreage to be transferred into trust under this section. (3) The Secretary or the Secretary of Agriculture shall provide such assistance as may be appropriate-- (A) to conduct additional surveys of the transferred land; and (B) to satisfy administrative requirements necessary to accomplish the land transfers under this section. (f) Date of Transfer.--The Secretary shall issue trust deeds for all land transfers under this section by not later than 10 years after the Enforceability Date. (g) Restriction on Gaming.--Lands taken into trust pursuant to this section shall not be considered to have been taken into trust for, nor eligible for, class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). (h) Status of Water Rights on Transferred Lands.--Any water rights associated with lands transferred pursuant to subparagraphs (A) through (C) of subsection (a)(2) shall be held in trust for the Tribe but shall not be included in the Tribal Water Right. SEC. 9. SATISFACTION OF CLAIMS. The benefits provided under this Act shall be in complete replacement of, complete substitution for, and full satisfaction of any claim of the Tribe against the United States that is waived and released by the Tribe under section 10(a). SEC. 10. WAIVERS AND RELEASES OF CLAIMS. (a) In General.-- (1) Waivers and releases of claims by the tribe and the united states as trustee for the tribe.--Subject to the reservation of rights and retention of claims set forth in subsection (c), as consideration for recognition of the Tribe's Tribal Water Right and other benefits described in the 2007 Agreement and this Act, the Tribe and the United States, acting as trustee for the Tribe, shall execute a waiver and release of all claims for the following: (A) All claims for water rights within the State of California based on any and all legal theories that the Tribe or the United States acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, on or before the Enforceability Date, except to the extent that such rights are recognized in the 2007 Agreement and this Act. (B) All claims for damages, losses, or injuries to water rights or claims of interference with, diversion, or taking of water rights (including claims for injury to lands resulting from such damages, losses, injuries, interference with, diversion, or taking of water rights) within California against the State, or any person, entity, corporation, or municipality, that accrued at any time up to and including the Enforceability Date. (2) Waiver and release of claims by the tribe against the united states.--Subject to the reservation of rights and retention of claims under subsection (c), the Tribe shall execute a waiver and release of all claims against the United States (including any agency or employee of the United States) for water rights within the State of California first arising before the Enforceability Date relating to-- (A) water rights within the State of California that the United States, acting as trustee for the Tribe, asserted or could have asserted in any proceeding, including a general stream adjudication, except to the extent that such rights are recognized as part of the Tribal Water Right under this Act; (B) foregone benefits from nontribal use of water, on and off the Reservation (including water from all sources and for all uses); (C) damage, loss, or injury to water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, gathering, or cultural rights, due to loss of water or water rights, claims relating to interference with, diversion, or taking of water, or claims relating to a failure to protect, acquire, replace, or develop water, water rights, or water infrastructure) within the State of California; (D) a failure to establish or provide a municipal rural or industrial water delivery system on the Reservation; (E) damage, loss, or injury to water, water rights, land, or natural resources due to construction, operation, and management of irrigation projects on the Reservation and other Federal land and facilities (including damages, losses, or injuries to fish habitat, wildlife, and wildlife habitat); (F) failure to provide for operation, maintenance, or deferred maintenance for any irrigation system or irrigation project; (G) failure to provide a dam safety improvement to a dam on the Reservation; (H) the litigation of claims relating to any water rights of the Tribe within the State of California; (I) the negotiation, execution, or adoption of the 2007 Agreement (including exhibits A-F) and this Act; (J) the negotiation, execution, or adoption of operational rules referred to in article 3.4 of the 2007 Agreement in connection with any reservoir locations, including any claims related to the resolution of operational rules pursuant to the dispute resolution processes set forth in the article 8 of the 2007 Agreement, including claims arising after the Enforceability Date; and (K) claims related to the creation or reduction of the Reservation, including any claims relating to the failure to ratify any treaties and any claims that any particular lands were intended to be set aside as a permanent homeland for the Tribe but were not included as part of the present Reservation. (b) Effectiveness.--The waivers and releases under subsection (a) shall take effect on the Enforceability Date. (c) Reservation of Rights and Retention of Claims.--Notwithstanding the waivers and releases under subsection (a), the Tribe and the United States, acting as trustee for the Tribe, shall retain-- (1) all claims relating to the enforcement of, or claims accruing after the Enforceability Date relating to water rights recognized under the 2007 Agreement, any final court decree entered in the Federal District Court for the Eastern District of California, or this Act; (2) all claims relating to the right to use and protect water rights acquired after the date of enactment of this Act; (3) claims regarding the quality of water under-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), including claims for damages to natural resources; (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) (commonly referred to as the ``Clean Water Act''); and (D) any regulations implementing the Acts described in subparagraphs (A) through (C); (4) all claims for damage, loss, or injury to land or natural resources that are not due to loss of water or water rights, including hunting, fishing, gathering, or cultural rights; and (5) all rights, remedies, privileges, immunities, and powers not specifically waived and released pursuant to this Act or the 2007 Agreement. (d) Effect of 2007 Agreement and Act.--Nothing in the 2007 Agreement or this Act-- (1) affects the authority of the Tribe to enforce the laws of the Tribe, including with respect to environmental protections or reduces or extends the sovereignty (including civil and criminal jurisdiction) of any government entity; (2) affects the ability of the United States, acting as sovereign, to carry out any activity authorized by law, including-- (A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (C) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (D) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); and (E) any regulations implementing the Acts described in subparagraphs (A) through (D); (3) affects the ability of the United States to act as trustee for any other Indian Tribe or an allotee of any other Indian Tribe; (4) confers jurisdiction on any State court-- (A) to interpret Federal law relating to health, safety, or the environment; (B) to determine the duties of the United States or any other party under Federal law regarding health, safety, or the environment; (C) to conduct judicial review of any Federal agency action; or (D) to interpret Tribal law; or (5) waives any claim of a member of the Tribe in an individual capacity that does not derive from a right of the Tribe. (e) Tolling of Claims.-- (1) In general.--Each applicable period of limitation and time-based equitable defense relating to a claim described in this section shall be tolled for the period beginning on the date of enactment of this Act and ending on the Enforceability Date. (2) Effect of subsection.--Nothing in this subsection revives any claim or tolls any period of limitation or time- based equitable defense that expired before the date of enactment of this Act. (3) Limitation.--Nothing in this section precludes the tolling of any period of limitations or any time-based equitable defense under any other applicable law. (f) Expiration.-- (1) In general.--This Act shall expire in any case in which the Secretary fails to publish a statement of findings under section 11 by not later than-- (A) 8 years from the date of enactment of this Act; or (B) such alternative later date as is agreed to by the Tribe and the Secretary, after providing reasonable notice to the State of California. (2) Consequences.--If this Act expires under paragraph (1)-- (A) the waivers and releases under subsection (a) shall-- (i) expire; and (ii) have no further force or effect; (B) the authorization, ratification, confirmation, and execution of the 2007 Agreement under section 4 shall no longer be effective; (C) any action carried out by the Secretary, and any contract or agreement entered into pursuant to this Act, shall be void; (D) any unexpended Federal funds appropriated or made available to carry out the activities authorized by this Act, together with any interest earned on those funds, and any water rights or contracts to use water and title to other property acquired or constructed with Federal funds appropriated or made available to carry out the activities authorized by this Act shall be returned to the Federal Government, unless otherwise agreed to by the Tribe and the United States and approved by Congress; and (E) except for Federal funds used to acquire or construct property that is returned to the Federal Government under subparagraph (D), the United States shall be entitled to offset any Federal funds made available to carry out this Act that were expended or withdrawn, or any funds made available to carry out this Act from other Federal authorized sources, together with any interest accrued on those funds, against any claims against the United States-- (i) relating to-- (I) water rights in the State of California asserted by-- (aa) the Tribe; or (bb) any user of the Tribal Water Right; or (II) any other matter covered by subsection (a)(2); or (ii) in any future settlement of water rights of the Tribe. SEC. 11. ENFORCEABILITY DATE. The Enforceability Date shall be the date on which the Secretary publishes in the Federal Register a statement of findings that-- (1) to the extent that the 2007 Agreement conflicts with the Act, the 2007 Agreement has been amended to conform with this Act; (2) the 2007 Agreement, so revised, includes waivers and releases of claims set forth in section 10 and has been executed by the parties, including the United States; (3) a final judgment and decree approving the 2007 Agreement, including Operation Rules, and binding all parties to the action has been entered by the Court, and all appeals have been exhausted; (4) all of the amounts authorized to be appropriated under section 7(a) have been appropriated and deposited in the designated accounts; and (5) the waivers and releases under section 10(a) have been executed by the Tribe and the Secretary. SEC. 12. BINDING EFFECT; JUDICIAL APPROVAL; ENFORCEABILITY. (a) In General.-- (1) Lawsuit.--1 or more Parties may file suit in the Court requesting the entry of a final judgement and decree approving the Tribal Water Right and the 2007 Agreement, provided that no such suit shall be filed until after-- (A) the Tribe has confirmed that the Phase I Reservoir will be sited at the location described in section 3.4.B.(1) of the 2007 Agreement and that Exhibit E governs operation of the Phase I Reservoir; or (B) the Tribe has selected a substitute site for the Phase I Reservoir pursuant to section 3.4.B.(2)(a) of the 2007 Agreement and-- (i) the Parties have agreed on Operation Rules and the Secretary has executed the 2007 Agreement; or (ii) if the Parties have reached an impasse in attempting to negotiate Operation Rules, at least 1 Party has developed proposed Operation Rules to submit for judicial review and approval, and has shared the proposed Operation Rules with the other Parties at least 90 days in advance of filing the lawsuit. (2) Joining united states as party.--Where suit is filed pursuant to this subsection, including the satisfaction of the requirements in subparagraph (A) or (B) of paragraph (1), the United States may be joined in litigation for the purposes set forth in this section. (b) Judicial Approval.--The Court shall have exclusive jurisdiction to review and determine whether to approve the Tribal Water Right and the 2007 Agreement, and on doing so over any cause of action initiated by any Party arising from a dispute over the interpretation of the 2007 Agreement or this Act, and any cause of action initiated by any Party for the enforcement of the 2007 Agreement. (c) Failure To Agree on Operation Rules.-- (1) In general.--Subject to subsection (a)(1)(B)(ii), the Court shall have jurisdiction over a cause of action that a Party initiates to establish Operation Rules, where the Parties failed to reach agreement on such Operation Rules. (2) Voluntary dispute resolution.--If a suit is filed under paragraph (1), the Court shall refer the Parties to the voluntary dispute resolution program of the Court. (3) Court selection of operation rules.-- (A) In general.--If the voluntary dispute resolution program does not, after a reasonable amount of time as determined by the Court, result in agreed-on Operation Rules, the Court shall set a deadline by which any Party or Downstream Water User may submit proposed Operation Rules and, after briefing and hearing evidence, select among the proffered Operation Rule based on the criteria set forth in paragraph (4). (B) Implementation of agreed-on operation rules.-- Once the Court selects Operation Rules pursuant to subparagraph (A), such Operation Rules shall thereafter control and shall be implemented by the Parties pursuant to the terms directed by the Court. (4) Criteria for court selection of operation rules.-- (A) In general.--The Court shall select the proffered Operation Rules that, if implemented, would be the most effective in-- (i) regulating the flows in the South Tule River to comply with the terms contained in the 2007 Agreement and the following diversion limits, where the South Tule Independent Ditch Company's point of diversion is the point of measurement, including-- (I) where the natural flow is less than 3 cubic feet per second (referred to in this clause as ``cfs''), the Tribe has a right to 1 cfs; (II) where the natural flow is greater than or equal to 3 cfs and less than 5 cfs, the Tribe has a right to 1\1/2\ cfs; (III) where the natural flow is greater than or equal to 5 cfs and less than 10 cfs, the Tribe has a right to 2 cfs; and (IV) where the natural flow is greater than or equal to 10 cfs, the Tribe has a right to any amount; (ii) minimizing adverse impact on the Parties other than the Tribe; and (iii) maintaining the right of the Tribe to the reasonable and economic use of water for domestic and stock purposes on the Reservation. (B) Consideration of exhibit e.--In applying the criteria set forth in subparagraph (A), the Court should consider the Operation Rules governing the Phase I Reservoir described in section 3.4.B.(1) of the 2007 Agreement, as set forth in Exhibit E to the 2007 Agreement, which the Parties agreed on based on consideration of that criteria. (C) Inconsistency of proposed operation rules with criteria.-- (i) In general.--The Court shall not approve the 2007 Agreement if the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A). (ii) Alternative operation rules.--If the Court finds that none of the proffered Operation Rules are consistent with the criteria set forth in subparagraph (A), the Court may establish an alternate process to allow the Parties to develop alternate Operation Rules that are consistent with that criteria. SEC. 13. MISCELLANEOUS PROVISIONS. (a) Waiver of Sovereign Immunity by the United States.--Nothing in this Act waives the sovereign immunity of the United States, except as provided in section 12(a)(2). (b) Other Tribes Not Adversely Affected.--Nothing in this Act quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian Tribe, band, or community other than the Tribe. (c) Other Water Rights of United States Not Adversely Affected.-- Nothing in this Act quantifies or diminishes any other water right held by the United States other than as a Downstream Water User. (d) Effect on Current Law.--Nothing in this Act affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to pre-enforcement review of any Federal environmental enforcement action. (e) Conflict.--In the event of a conflict between the 2007 Agreement and this Act, this Act shall control. SEC. 14. ANTIDEFICIENCY. The United States shall not be liable for any failure to carry out any obligation or activity authorized by this Act, including any obligation or activity under the 2007 Agreement if adequate appropriations are not provided by Congress expressly to carry out the purposes of this Act. &lt;all&gt; </pre></body></html>
[ "Native Americans", "California", "Federal-Indian relations", "Government trust funds", "Indian claims", "Indian lands and resources rights", "Lakes and rivers", "Land transfers", "Water quality", "Water use and supply" ]
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118S307
Increasing Competitiveness for American Drones Act of 2023
[ [ "W000805", "Sen. Warner, Mark R. [D-VA]", "sponsor" ], [ "T000250", "Sen. Thune, John [R-SD]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ], [ "Y000064", "Sen. Young, Todd [R-IN]", "cosponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "P000595", "Sen. Peters, Gary C. [D-MI]", "cosponsor" ] ]
<p><b>Increasing Competitiveness for American Drones Act of 2023</b></p> <p>This bill establishes and extends certain rules related to unmanned aircraft systems (UAS) and operations.</p> <p>Specifically, the bill requires the Federal Aviation Administration (FAA) to establish a regulatory pathway for certification or approval of UAS to enable commercial beyond visual line of sight (BVLOS) operations, including a risk assessment methodology.</p> <p>Additionally, the bill establishes the Office of Associate Administrator of UAS Integration within the FAA. It also establishes the UAS Certification Unit to develop and implement the UAS certification or approval processes for BVLOS operations.</p> <p>Further, the bill extends the special authority for the Department of Transportation to determine if certain UAS may operate safely in the national airspace system.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 307 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 307 To amend title 49, United States Code, to establish certain rules relating to unmanned aircraft systems and operations, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 7, 2023 Mr. Warner (for himself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend title 49, United States Code, to establish certain rules relating to unmanned aircraft systems and operations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Increasing Competitiveness for American Drones Act of 2023''. SEC. 2. BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR UNMANNED AIRCRAFT SYSTEMS. Chapter 448 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 44811. BEYOND VISUAL LINE OF SIGHT OPERATIONS FOR UNMANNED AIRCRAFT SYSTEMS. ``(a) In General.--Not later than 6 months after the date of enactment of this section, the Administrator of the Federal Aviation Administration (in this section referred to as the `Administrator') shall issue a notice of proposed rulemaking establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial beyond visual line of sight (in this section referred to as `BVLOS') operations. ``(b) Consultation.-- ``(1) In general.--Subject to paragraph (2), in promulgating the rule under subsection (a), the Administrator shall implement the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee which were submitted to the Administrator on March 10, 2022. ``(2) Exception.--If the Administrator determines not to implement 1 or more of the recommendations described in paragraph (1), the Administrator shall provide to the appropriate committees of Congress a statement of explanation for such determination. ``(c) Final Rule.-- ``(1) In general.--Not later than 2 years after the date of enactment of this section, the Administrator shall issue a final rule establishing a regulatory pathway for certification or approval of unmanned aircraft systems to enable commercial BVLOS operations. ``(2) Requirements.--The final rule described in paragraph (1) shall, at a minimum, do the following: ``(A) Establish an applicable risk assessment methodology for the authorization of BVLOS unmanned aircraft system operations that includes quantified measures of acceptability which sufficiently account for the total air and ground risks associated with such operations and the means for mitigating such risks, taking into account an aircraft's size, weight, speed, kinetic energy, operational capability, proximity to airports and populated areas, operation over people, and operation beyond the visual line of sight, or operation during the day or night, including consideration of unmanned aircraft using an approved or accepted detect and avoid system appropriate for the class and type of airspace in which the operation is being conducted. ``(B) Establish remote pilot certification standards for remote pilots for BVLOS operations, taking into account varying levels of automated control and management of unmanned aircraft system flights. ``(C) Establish an airworthiness process for small unmanned aircraft systems that requires a manufacturer's declaration of compliance to a Federal Aviation Administration accepted means of compliance, which shall not require type or production certification or the issuance of a special airworthiness certificate. ``(D) Establish a special airworthiness certificate to be issued upon a manufacturer's declaration of compliance to a Federal Aviation Administration accepted means of compliance, which-- ``(i) shall not require type or production certification; ``(ii) shall, at least, govern airworthiness of any unmanned aircraft system that-- ``(I) is not-- ``(aa) a small unmanned aircraft system; and ``(bb) appropriate for the process described in subparagraph (C), as determined by the Administrator; ``(II) has a maximum gross weight of not more than 1,320 lbs; and ``(III) has a maximum speed of 100 miles per hour; and ``(iii) may require unmanned aircraft systems subject to the certificate to operate in the national airspace system at altitudes below at least-- ``(I) 400 feet above ground level; or ``(II) with respect to an unmanned aircraft system flown within a 400-foot radius of a structure, 400 feet above the structure's immediate uppermost limit. ``(E) Amend the Code of Federal Regulations to establish generally applicable standards for the type certification of unmanned aircraft systems that the Administrator determines pose higher air or ground risks such that those unmanned aircraft systems are not appropriate for approvals under the processes described in subparagraph (C) or (D). ``(F) Establish operating rules for-- ``(i) the operation of the unmanned aircraft systems described in subparagraph (C), (D), or (E); and ``(ii) certain unmanned aircraft systems to enable lower-risk BVLOS operations without airworthiness requirements in a manner consistent with the final report and recommendations of the Beyond Visual Line of Sight Aviation Rulemaking Committee described in subsection (b)(1). ``(3) Rule of construction.--Nothing in this section shall prohibit the use of the manufacturer declarations of compliance required under paragraph (2)(C) for other unmanned aircraft systems.''. SEC. 3. ESTABLISHMENT OF ASSOCIATE ADMINISTRATOR OF UAS INTEGRATION. Section 106 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(u) Office of the Associate Administrator of UAS Integration.-- ``(1) Establishment.--There is established in the Federal Aviation Administration the Office of Associate Administrator of UAS Integration (in this subsection referred to as the `Office'). ``(2) Associate administrator.--The Office shall be headed by an Associate Administrator, who shall-- ``(A) be appointed by the Administrator, in consultation with the Secretary of Transportation; and ``(B) report directly to the Administrator. ``(3) Purposes.--The purposes of the Office are to-- ``(A) ensure and oversee the safe integration of UASs into the national airspace system; ``(B) encourage and facilitate a commercially viable UAS industry and the leadership of the United States in UAS; ``(C) increase overall safety of the transportation system on a mode-neutral basis; ``(D) promote the global leadership of the United States in advanced aviation; and ``(E) manage the UAS Integration Office. ``(4) Duties.--The Associate Administrator shall-- ``(A) conduct rulemaking proceedings with respect to UASs; ``(B) review submissions under the processes established in subparagraphs (C) through (E) of section 44811(c)(2) and, as appropriate, grant certifications and other operational approvals; ``(C) review, modify, accept, or approve industry- developed standards, means of compliance, and declarations of compliance; ``(D) consult and coordinate with subject matter experts from all relevant lines of business and staff offices in carrying out the duties described in this paragraph in a timely and efficient manner; ``(E) hire full time equivalent employees, as appropriate, to build expertise within the Office in assessing new technologies and novel risk mitigations; ``(F) manage the UAS Certification Unit (as described in subsection (v)); and ``(G) engage in any other activities deemed necessary by the Associate Administrator to carry out the purposes described in paragraph (3). ``(5) Definitions.--In this subsection: ``(A) Beyond visual line of sight; bvlos.--The terms `beyond visual line of sight' or `BVLOS' mean the operation of a UAS beyond the capability of the flightcrew members to see the UAS with vision unaided by any device other than corrective lenses (such as spectacles or contact lenses). ``(B) UAS.--The term `UAS' has the meaning given the term `unmanned aircraft system' in section 44801.''. SEC. 4. ESTABLISHMENT OF UAS CERTIFICATION UNIT. Section 106 of title 49, United States Code, as amended by section 3, is amended by adding at the end the following new subsection: ``(v) UAS Certification Unit.-- ``(1) Establishment.--There is established in the Office of Associate Administrator of UAS Integration (as established in subsection (u)) the UAS Certification Unit (in this subsection referred to as the `Unit'). ``(2) Membership.-- ``(A) Employees.--The Unit shall include not less than 1 employee from each relevant line of business of the Federal Aviation Administration, including the UAS Integration Office, the Aircraft Certification Service, the Flight Standards Service, Air Traffic Control, the Office of Chief Counsel, the Office of Environment and Energy, and any other office deemed appropriate by the Associate Administrator. ``(B) Leadership.--Out of the employees described in subparagraph (A), the Associate Administrator of the Office of Associate Administrator of UAS Integration may designate a director and steering committee to lead the Unit, which shall consist of not less than 1 employee from each line of business participating in the Unit. ``(3) Duties.--The Unit shall develop and implement the unmanned aircraft system certification or approval processes described in section 44811 by-- ``(A) reviewing and accepting industry-based airworthiness standards and means of compliance; ``(B) engaging with applicants on the certification or approval process; ``(C) providing clear and consistent guidance to industry standards organizations, including setting either a target level of safety or an acceptable level of risk; ``(D) promptly responding to questions from any person seeking an approval described in subparagraphs (C) through (D) of section 44811(c)(2); and ``(E) taking all necessary steps to move the unmanned aircraft system certification and acceptance processes forward without avoidable delay. ``(4) UAS special airworthiness certificate approvals.--The Associate Administrator shall have the authority to grant or deny an application for any approval described in section 44811, upon review of the recommendations of the Unit and after consultation with the managers of the Aircraft Certification Service and Flight Standards Service, if either manager requests consultation.''. SEC. 5. USE OF MODELING AND SIMULATION TOOLS IN UNMANNED AIRCRAFT TEST RANGES; PROGRAM EXTENSION. (a) Use of Modeling and Simulation Tools.--Section 44803(b) of title 49, United States Code, is amended-- (1) in paragraph (11), by striking the period at the end and inserting ``; and''; and (2) by adding at the end the following new paragraph: ``(12) use modeling and simulation tools to assist in the testing, evaluation, verification, and validation of unmanned aircraft systems.''. (b) Program Extension.--Section 44803(h) of title 49, United States Code, is amended by striking ``September 30, 2023'' and inserting ``September 30, 2028''. SEC. 6. EXTENSION OF SPECIAL AUTHORITY FOR UNMANNED AIRCRAFT SYSTEMS. (a) Sense of Congress.--It is the sense of Congress that-- (1) the lack of appropriate certification standards, rules, and processes set by the Federal Aviation Administration for airworthiness determinations and operational approvals of unmanned aircraft systems (as defined in section 44801 of title 49, United States Code) puts the United States at a disadvantage in global competitiveness and delays the integration of promising new technology into communities in the United States; (2) this lack of progress on a standardized airworthiness and operational approvals approach compels the extension of authority to issue exemptions under section 44807 of such title 49; and (3) such section 44807-- (A) should continue to use a risk-based approach to authorize operations that do not fit within part 107 of title 14, Code of Federal Regulations; and (B) should not be limited to type certificate applicants. (b) Extension.--Section 44807(d) of title 49, United States Code, is amended by striking ``September 30, 2023'' and inserting ``on the date the rules described in section 44811 take effect''. (c) Clarification.--Section 44807(a) of title 49, United States Code, is amended by inserting ``or chapter 447'' after ``Notwithstanding any other requirement of this chapter''. (d) Expedited Exemptions.--In exercising authority under section 44807 of title 49, United States Code (as amended by subsection (b)), the Administrator of the Federal Aviation Administration shall, taking into account the statutory mandate to ensure safe and efficient use of the national airspace system and without requiring a rulemaking or imposing the requirements of part 11 of title 14, Code of Federal Regulations, grant exemptions to enable-- (1) low-risk beyond visual line of sight operations, such as certain package delivery operations or shielded operations within 100 feet of the ground or a structure; or (2) extended visual line of sight operations that rely on visual observers to keep the aircraft or airspace within view. (e) Clarification of Status of Previously Issued Rulemakings and Exemptions.-- (1) Rulemakings.--Any rulemaking published prior to the date of enactment of this Act under the authority described in section 44807 of title 49, United States Code, shall continue to be in effect following the expiration of such authority. (2) Exemptions.--Any exemption granted under the authority described in section 44807 of title 49, United States Code, and in effect as of September 30, 2023, shall continue to be in effect until the date that is 3 years after the date of termination described in such exemption. (3) Delegation.--The authority granted to the Secretary of Transportation in such section 44807 may continue to be delegated to the Administrator of the Federal Aviation Administration in whole or in part. (4) Rules of construction.--Nothing in this section shall be construed to interfere with the Secretary of Transportation's-- (A) authority to rescind or amend the granting of an exemption for reasons such as unsafe conditions or operator oversight; or (B) ability to grant an exemption based on a determination made pursuant to such section 44807 before the expiration of that provision. &lt;all&gt; </pre></body></html>
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118S308
Ending China's Developing Nation Status Act
[ [ "R000615", "Sen. Romney, Mitt [R-UT]", "sponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "C001056", "Sen. Cornyn, John [R-TX]", "cosponsor" ], [ "S001184", "Sen. Scott, Tim [R-SC]", "cosponsor" ] ]
<p><b>Ending China's Developing Nation Status Act </b></p> <p>This bill requires the Department of State to take actions to stop China from being classified as a developing nation by international organizations. (Generally, international organizations provide developing nations certain rights and beneficial treatment. For example, the World Trade Organization provides developing nations with so-called <i>special and differential treatment</i>, which includes measures that aim to increase trading opportunities for those nations.)</p> <p>Under this bill, the State Department must advocate for international organizations to (1) change China's status from developing nation to developed nation, or (2) develop a mechanism to change China's status to developed nation if no mechanism currently exists. </p> <p>The President may waive this requirement if doing so is in the national interest of the United States.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 308 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 308 To end the treatment of the People's Republic of China as a developing nation. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Romney (for himself and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To end the treatment of the People's Republic of China as a developing nation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending China's Developing Nation Status Act''. SEC. 2. STATEMENT OF POLICY. It should be the policy of the United States-- (1) to oppose the labeling or treatment of the People's Republic of China as a developing nation in current and future treaty negotiations and in each international organization of which the United States and the People's Republic of China are both current members; and (2) to pursue the labeling or treatment of the People's Republic of China as a developed nation in each international organization of which the United States and the People's Republic of China are both current members. SEC. 3. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on Foreign Affairs of the House of Representatives. (2) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 4. REPORT ON DEVELOPMENT STATUS IN CURRENT TREATY NEGOTIATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying all current treaty negotiations in which-- (1) the proposed treaty develops different standards for the enforcement of the treaty based on the development status of the member states of the treaty; and (2) the People's Republic of China is under consideration for becoming a party to the treaty. SEC. 5. REPORT ON DEVELOPMENT STATUS IN EXISTING ORGANIZATIONS AND TREATIES. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate committees of Congress identifying-- (1) all international organizations or treaties, of which the United States is a member, that have different standards for enforcement based on the development status of the member states; and (2) for each of the organizations or treaties identified pursuant to paragraph (1), the Secretary shall provide a list of countries that-- (A) are labeled as developing nations or receive the benefits of a developing nation under the terms of the organization or treaty; and (B) meet the World Bank classification for upper middle income or high-income countries. SEC. 6. MECHANISMS FOR CHANGING DEVELOPMENT STATUS. (a) In General.--In any international organization of which the United States and the People's Republic of China are both current members, the Secretary shall pursue-- (1) changing the status of the People's Republic of China from developing nation to developed nation if a mechanism exists in such organization to make such status change; or (2) proposing the development of a mechanism described in paragraph (1) to change the status of the People's Republic of China in such organization from developing nation to developed nation. (b) Waiver.--The President may waive the application of paragraph (1) or (2) of subsection (a) with respect to any international organization if the President notifies the appropriate committees of Congress that such a waiver is in the national interests of the United States. &lt;all&gt; </pre></body></html>
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118S309
Caribbean Border Counternarcotics Strategy Act
[ [ "S001217", "Sen. Scott, Rick [R-FL]", "sponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 309 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 309 To amend the Office of National Drug Control Policy Reauthorization Act of 1998 to require a Caribbean border counternarcotics strategy, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Scott of Florida (for himself and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Office of National Drug Control Policy Reauthorization Act of 1998 to require a Caribbean border counternarcotics strategy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Caribbean Border Counternarcotics Strategy Act''. SEC. 2. CARIBBEAN BORDER COUNTERNARCOTICS STRATEGY ACT. (a) Definitions.--Section 702 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1701) is amended-- (1) by redesignating paragraphs (15) through (17) as paragraphs (16) through (18), respectively; (2) by inserting after paragraph (14) the following: ``(15) State.--The term `State' means each of the several States of the United States, the District of Columbia, and each territory or possession of the United States.''; (3) by amending paragraph (18), as redesignated-- (A) by redesignating subparagraphs (G) and (H) as subparagraphs (H) and (I), respectively; and (B) by inserting after subparagraph (F) the following: ``(G) activities to map, track, dismantle, and disrupt the financial networks of drug trafficking organizations, transnational criminal organizations, and money laundering organizations involved in the manufacture and trafficking of drugs in the United States and in foreign countries;''; and (4) by adding at the end the following: ``(19) United states.--The term `United States', when used in a geographical sense, means all of the States, the District of Columbia, and the territories and possessions of the United States, and any waters within the jurisdiction of the United States.''. (b) Requirement for Caribbean Border Counternarcotics Strategy.-- Section 706(c)(3) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705(c)(3)) is amended by adding at the end the following: ``(D) Requirement for caribbean border counternarcotics strategy.-- ``(i) Purposes.--The Caribbean Border Counternarcotics Strategy shall-- ``(I) set forth the strategy of the Federal Government for preventing the illegal trafficking of drugs through the Caribbean region into the United States, including through ports of entry, between ports of entry, and across air and maritime approaches; ``(II) state the specific roles and responsibilities of each relevant National Drug Control Program agency for implementing the strategy; ``(III) identify the specific resources required to enable the relevant National Drug Control Program agencies to implement the strategy; and ``(IV) be designed to promote, and not hinder, legitimate trade and travel. ``(ii) Specific content related to puerto rico and the united states virgin islands.--The Caribbean Border Counternarcotics Strategy shall include-- ``(I) a strategy to prevent the illegal trafficking of drugs to or through Puerto Rico and the United States Virgin Islands, including measures to substantially reduce drug- related violent crime on such islands; and ``(II) recommendations for additional assistance or authorities, if any, needed by Federal, State, and local law enforcement agencies relating to the strategy, including an evaluation of Federal technical and financial assistance, infrastructure capacity building, and interoperability deficiencies.''. &lt;all&gt; </pre></body></html>
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118S31
SPR Act
[ [ "B001261", "Sen. Barrasso, John [R-WY]", "sponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "M001153", "Sen. Murkowski, Lisa [R-AK]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ] ]
<p><b>Strategic Production Response Act or the SPR Act</b></p> <p>This bill limits the drawdown of petroleum in the Strategic Petroleum Reserve (SPR) until the Department of Interior issues a plan or updates a previously issued plan to increase the production of oil and gas on federal land. However, Interior may drawdown petroleum in the SPR if there is a severe energy supply interruption. The bill defines <i>federal land</i> to (1) include Outer Continental Shelf land; and (2) exclude land otherwise not available for oil and gas development within the National Park System, the National Wildlife Refuge System, the National Wilderness Preservation System, a National Marine Sanctuary, or Indian land. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 31 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 31 To provide for the development and issuance of a plan to increase oil and gas production on Federal land in conjunction with a drawdown of petroleum reserves from the Strategic Petroleum Reserve. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Barrasso (for himself, Mr. Risch, Mr. Daines, Ms. Murkowski, Mr. Lankford, Mr. Marshall, Mr. Hoeven, Mr. Cassidy, Mr. Cramer, Mrs. Hyde- Smith, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To provide for the development and issuance of a plan to increase oil and gas production on Federal land in conjunction with a drawdown of petroleum reserves from the Strategic Petroleum Reserve. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strategic Production Response Act'' or the ``SPR Act''. SEC. 2. STRATEGIC PRODUCTION RESPONSE PLAN. Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following: ``(k) Strategic Production Response Plan.-- ``(1) Definition of federal land.-- ``(A) In general.--In this subsection, the term `Federal land' means land, including outer Continental Shelf land, the title to which is held by the United States. ``(B) Exclusions.--In this subsection, the term `Federal land' does not include land otherwise not available for oil and gas development within-- ``(i) a unit of the National Park System; ``(ii) a unit of the National Wildlife Refuge System; ``(iii) a component of the National Wilderness Preservation System; ``(iv) a National Marine Sanctuary; or ``(v) Indian land. ``(2) Plan.--Except in the case of a severe energy supply interruption described in subsection (d) or as otherwise mandated by Congress, the Secretary may not execute 1 drawdown or a series of 2 or more drawdowns of petroleum products in the Reserve after the date of enactment of this subsection, whether through sale, exchange, or loan, until the Secretary of the Interior has, as applicable, issued a plan or updated a previously issued plan to increase the production of oil and gas on Federal land. ``(3) Requirements for plan.--Each plan issued or updated under paragraph (2) shall include proposed actions to increase oil and gas production on Federal land that are in addition to lease sales previously scheduled by the Secretary of the Interior under the Mineral Leasing Act (30 U.S.C. 181 et seq.) and the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.). ``(4) Consultation.--The Secretary of the Interior shall issue or update each plan required under paragraph (2) in consultation with the Secretary, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Defense. ``(5) Congressional submission.--Not later than 60 days after the date on which the Secretary executes 1 drawdown or a series of 2 or more drawdowns of petroleum products in the Reserve after the date of enactment of this subsection, the Secretary of the Interior shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce and the Committee on Natural Resources of the House of Representatives a copy of the applicable plan required under paragraph (2).''. &lt;all&gt; </pre></body></html>
[ "Energy", "Congressional oversight", "Energy storage, supplies, demand", "Land use and conservation", "Mining", "Oil and gas", "Strategic materials and reserves" ]
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118S310
Disaster Contract Improvement Act
[ [ "S001217", "Sen. Scott, Rick [R-FL]", "sponsor" ], [ "P000595", "Sen. Peters, Gary C. [D-MI]", "cosponsor" ], [ "R000608", "Sen. Rosen, Jacky [D-NV]", "cosponsor" ] ]
<p><strong>Disaster Contract Improvement Act</strong></p> <p>This bill directs the Federal Emergency Management Agency (FEMA) to establish an advisory working group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris removal.</p> <p>The bill requires (1) FEMA to conduct outreach to states, tribal governments, and local governments with respect to any guidance or support materials developed; and (2) the Government Accountability Office to conduct a study that, among other things, examines the use and adoption rate of advance contracts for debris removal by states, tribal governments, and local governments.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 310 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 310 To establish an advisory group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris removal, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Scott of Florida (for himself, Mr. Peters, and Ms. Rosen) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To establish an advisory group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris removal, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Disaster Contract Improvement Act''. SEC. 2. OVERSIGHT ON DEBRIS REMOVAL. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Debris removal program.--The term ``debris removal program'' means the program established under section 407 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5173). (b) Advisory Working Group.-- (1) In general.--The Administrator shall establish an advisory working group to encourage and foster collaborative efforts among individuals and entities engaged in disaster recovery relating to debris removal. (2) Membership.--The advisory working group established under paragraph (1) shall be comprised of-- (A) representatives from the Federal Emergency Management Agency; (B) representatives from the Army Corps of Engineers; (C) representatives from the Natural Resources Conservation Service of the Department of Agriculture; (D) representatives of States, Tribal governments, and units of local government; and (E) subject matter experts in debris removal, including not less than 1 representative from the debris services contractor industry. (c) Guidance.--Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the advisory working group established under subsection (b)(1), shall-- (1) determine whether guidance and procedures in effect as of the date of enactment of this Act with respect to the oversight and cost of debris removal contracts entered into under the debris removal program are sufficient; and (2) if the Administrator, in consultation with the advisory working group established under subsection (b)(1), determines that the guidance and procedures described in paragraph (1) are insufficient, develop and implement additional such guidance and procedures, including-- (A) a requirement that each State, Tribal government, and unit of local government receiving a grant under the debris removal program take the primary role in the oversight function of debris removal; (B) guidance for State, Tribal, and local debris monitors relating to debris removal operations, debris operations oversight, and contractor oversight, including contractor monitoring; (C) guidance for streamlining the reimbursement of debris costs overall, including debris management planning and support for resilience in debris removal operations; (D) checklists, job aids, eligibility requirements, contract requirements, debris management planning guidance, sample bids, and other items, as determined necessary by the Administrator, for State and local debris monitors; (E) a list of the specific debris removal monitoring responsibilities expected to be completed by a State that receives a grant under the debris removal program; (F) a list of the specific debris removal monitoring responsibilities expected to be completed by recipients of a grant under the debris removal program; and (G) guidance for State and Tribal governments and units of local government to reduce duplication and inefficiency in debris removal contracting across the Federal Government, State and Tribal governments, and units of local government. (d) Training.--The Administrator shall conduct outreach to States, Tribal governments, and units of local government with respect to any guidance or support materials developed under this section. (e) GAO Study.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study that-- (1) studies the use and adoption rate of advance contracts for debris removal by selected States, Tribal governments, and units of local government; (2) identifies the benefits and challenges of advance contracts for debris removal; (3) with respect to the reporting and information sharing processes, as of the date of enactment of this Act, for advance contracts for debris removal between States and units of local government and Federal partners-- (A) assesses those processes; and (B) makes any necessary recommendations for those processes; (4) studies-- (A) the process for setting Federal reimbursement rates for the debris removal program; (B) the use of penalties, as of the date of enactment of this Act, for violations of law and regulations relating to debris removal; and (C) fraud, waste, and abuse relating to the debris removal program, including case studies; and (5) makes any necessary recommendations for improvements to oversight and fraud prevention across the debris removal program. &lt;all&gt; </pre></body></html>
[ "Emergency Management", "Advisory bodies", "Disaster relief and insurance", "Government information and archives", "Government studies and investigations", "Intergovernmental relations", "Public contracts and procurement", "State and local government operations" ]
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118S311
U.S. Customs and Border Protection Officer Retirement Technical Corrections Act
[ [ "P000595", "Sen. Peters, Gary C. [D-MI]", "sponsor" ], [ "H001089", "Sen. Hawley, Josh [R-MO]", "cosponsor" ] ]
<p><b>U.S. Customs and Border Protection Officer Retirement Technical Corrections Act</b></p> <p>This bill modifies the calculation of retirement benefits for certain U.S. Customs and Border Protection (CBP) officers.</p> <p> Under current law, effective July 6, 2008, CBP officers are entitled to an enhanced retirement benefit, subject to certain mandatory retirement requirements. CBP officers who were employed as of July 6, 2008 are entitled to a transitional enhanced retirement benefit without the corresponding mandatory retirement requirements (i.e., proportional annuity).</p> <p> The bill specifies that CBP officers who accepted an offer of employment before July 6, 2008, and who started work on or after that date, are entitled to this proportional annuity. The Office of Personnel Management must correct annuity calculations for these officers, including retroactively, based on a list compiled by the Department of Homeland Security (DHS). DHS may also retroactively waive mandatory retirement requirements for these officers so that they may receive the proportional annuity.</p> <p>The Government Accountability Office must report on CBP's policies and procedures related to enhanced retirement benefits.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 311 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 311 To correct the inequitable denial of enhanced retirement and annuity benefits to certain U.S. Customs and Border Protection Officers. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Peters (for himself and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To correct the inequitable denial of enhanced retirement and annuity benefits to certain U.S. Customs and Border Protection Officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``U.S. Customs and Border Protection Officer Retirement Technical Corrections Act''. SEC. 2. ADJUSTMENT RELATED TO TRANSITION RULES. (a) Defined Term.--In this section the term ``Eligible Individual'' means any individual who-- (1) received and accepted an offer of employment as a U.S. Customs and Border Protection Officer before July 6, 2008; and (2) entered into duty as a U.S. Customs and Border Protection officer on or after July 6, 2008, as a result of an offer described in paragraph (1). (b) Treatment of Eligible Individuals.--Eligible Individuals-- (1) are considered to be individuals serving as U.S. Customs and Border Protection Officers on July 6, 2008, for purposes of section 535(e) of the Department of Homeland Security Appropriations Act, 2008 (division E of Public Law 110-161; 121 Stat. 1844); and (2) are entitled to-- (A) the minimum annuity amount required under section 535(e)(2)(C) of such Act; and (B) an exemption from mandatory retirement otherwise required under section 8425(b)(1) of title 5, United States Code. (c) Implementation.-- (1) Submission of information.--Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (A) create a list of all Eligible Individuals; (B) notify each Eligible Individual of the annuity correction described in subsection (b); and (C) provide the Director of the Office of Personnel Management with all of the information that is necessary for making annuity corrections with respect to Eligible Individuals. (2) Completion of annuity correction.--After receiving the information described in paragraph (1)(C), the Director of the Office of Personnel Management shall make the annuity correction described in subsection (b) with respect to each Eligible Individual, including a retroactive annuity adjustment for Eligible Individuals who retired before the date of the enactment of this Act. (d) Waivers and Guidance.-- (1) Waivers.--The Secretary of Homeland Security may retroactively waive the maximum entry age requirement under 3307(g) of title 5, United States Code, to the extent necessary, to ensure that each Eligible Individual is eligible for immediate retirement with the annuity correction described in subsection (b). (2) Guidance.--The Director of the Office of Personnel Management, in consultation with the Secretary of Homeland Security, shall issue appropriate guidance to assist in the implementation of the annuity correction described in subsection (b). (e) Government Accountability Office.--The Comptroller General of the United States-- (1) shall review U.S. Customs and Border Protection (referred to in this subsection as ``CBP'') hiring practices, policies, and procedures related to eligibility for enhanced retirement benefits referred to in this section by assessing-- (A) the process for determining whether an employee qualifies for such benefits, including considering any potential factors that would make an employee ineligible for such enhanced retirement benefits; (B) the internal controls used by CBP to ensure that all eligible employees, and only eligible employees, receive such enhanced retirement benefits; (C) the policies regarding the use of employees' personnel files to ensure compliance with current laws governing retirement benefits; and (D) the adequacy of the training provided to CBP senior executives regarding human resources and hiring practices at CBP; and (2) not later than 18 months after the date of the enactment of this Act, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the results of the review conducted pursuant to paragraph (1). &lt;all&gt; </pre></body></html>
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118S312
Outpatient Surgery Quality and Access Act of 2023
[ [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "sponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ] ]
<p><b>Outpatient Surgery Quality and Access Act of </b><b>2023</b></p> <p>This bill establishes and modifies certain requirements relating to Medicare payments for ambulatory surgical center (ASC) services.</p> <p>Specifically, the bill (1) requires the payment system for ASC services to feature certain positive annual adjustments equivalent to those made with respect to hospital outpatient department (OPD) services; (2) revises quality reporting requirements to&nbsp;permit publicly available, side-by-side comparisons of quality measures for ASCs and OPDs in the same geographic area; and (3) requires the Centers for Medicare &amp; Medicaid Services (CMS), when excluding&nbsp;requested procedures from the list of those approved to be performed in ASCs, to cite specified reasons for doing so.</p> <p>With respect to excluding procedures from the approved list for ASCs, the CMS may not cite as a basis for exclusion that a procedure can only be reported using an unlisted surgical procedure code.&nbsp;(Physicians sometimes use unlisted codes when performing new procedures or services if no existing code is adequately descriptive.)</p> <p>The bill also limits the copayment amount for ASC services under Medicare to that of the inpatient hospital deductible.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 312 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 312 To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Blumenthal (for himself and Mr. Cassidy) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to modernize payments for ambulatory surgical centers under the Medicare program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Outpatient Surgery Quality and Access Act of 2023''. SEC. 2. ALIGNING UPDATES FOR AMBULATORY SURGICAL CENTER SERVICES WITH UPDATES FOR OPD SERVICES. Section 1833(i)(2)(D) of the Social Security Act (42 U.S.C. 1395l(i)(2)(D)) is amended-- (1) in clause (v)-- (A) in the first sentence, by inserting before the period the following: ``and, in the case of 2024 or a subsequent year, by the adjustment described in subsection (t)(3)(G) for the respective year''; and (B) by moving the margin 6 ems to the left; (2) by redesignating clause (vi) as clause (vii); and (3) by inserting after clause (v) the following new clause: ``(vi) In implementing the system described in clause (i) for 2024 and each subsequent year, there shall be an annual update under such system for the year equal to the OPD fee schedule increase factor specified under subsection (t)(3)(C)(iv) for such year, adjusted in accordance with clauses (iv) and (v).''. SEC. 3. TRANSPARENCY OF QUALITY REPORTING AND MEDICARE BENEFICIARY INFORMATION. Paragraph (7) of section 1833(i) of the Social Security Act (42 U.S.C. 1395l(i)) is amended by adding at the end the following new subparagraphs: ``(C) To the extent that quality measures implemented by the Secretary under this paragraph for ambulatory surgical centers and under section 1833(t)(17) for hospital outpatient departments are applicable to the provision of surgical services in both ambulatory surgical centers and hospital outpatient departments, the Secretary shall make reported data on such centers and departments available on the website `Medicare.gov' in a manner that will permit side-by-side comparisons on such measures for ambulatory surgical centers and hospital outpatient departments in the same geographic area. ``(D) The Secretary shall ensure that an ambulatory surgery center and a hospital has the opportunity to review, and submit any corrections for, the data to be made public with respect to the ambulatory surgery center under subparagraph (C) prior to such data being made public. ``(E) The Secretary shall develop materials and inform beneficiaries under this title of publicly available comparisons provided for in subparagraph (C).''. SEC. 4. ADVISORY PANEL ON HOSPITAL OUTPATIENT PAYMENT REPRESENTATION. (a) ASC Representative.--The second sentence of section 1833(t)(9)(A) of the Social Security Act (42 U.S.C. 1395l(t)(9)(A)) is amended by inserting ``and suppliers subject to the prospective payment system (including at least one ambulatory surgical center representative)'' after ``an appropriate selection of representatives of providers''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 5. REASONS FOR EXCLUDING ADDITIONAL PROCEDURES FROM ASC APPROVED LIST. (a) In General.--Section 1833(i)(1) of the Social Security Act (42 U.S.C. 1395l(i)(1)) is amended by adding at the end the following: ``In updating such lists for application in years beginning after the date of the enactment of this sentence, for each procedure that was requested to be included in such lists during the public comment period but which the Secretary does not propose (in the final rule updating such lists) to so include in such lists, the Secretary shall cite in such final rule the specific criteria in paragraph (b) or (c) of section 416.166 of title 42, Code of Federal Regulations, based on which the procedure was excluded. If paragraph (b) of such section is cited for exclusion of a procedure, the Secretary shall identify the peer reviewed research or the evidence upon which such determination is based.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to lists of ambulatory surgery procedures for application in years beginning after the date of the enactment of this Act. SEC. 6. LIMITATION ON AMBULATORY SURGERY CENTER COPAYMENT FOR A PROCEDURE TO THE HOSPITAL DEDUCTIBLE AMOUNT. Section 1833(a)(1)(G) of the Social Security Act (42 U.S.C. 1395l(a)(1)(G)) is amended by inserting the following before the comma at the end: ``, except that in no case shall the copayment amount for such services furnished in a year exceed the amount of the inpatient hospital deductible established under section 1813(b) for the year (and, notwithstanding any other provision of this section, the amount of payment for such services shall be increased by the amount of any reduction in the copayment amount for such services pursuant to this subparagraph)''. SEC. 7. ALIGNMENT OF BUDGET NEUTRALITY ADJUSTMENT FOR OUTPATIENT SURGICAL PROCEDURES. (a) Prohibiting Unauthorized Agency Action.--Section 1833(i)(2)(D)(ii) of the Social Security Act (42 U.S.C. 1395l(i)(2)(D)(ii)) is amended by adding at the end the following: ``The preceding sentence shall only apply to the first year the system described in clause (i) was implemented and shall not apply to any year after 2023.''. (b) Combining Volume for Budget Neutrality Calculation.--Section 1833(t)(9)(B) of the Social Security Act (42 U.S.C. 1395l(t)(9)(B)) is amended by inserting ``taking into account the volume of procedures paid under this subsection combined with the volume of procedures paid under subsection (i),'' after ``subparagraph (A),''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply in years beginning after the date of the enactment of this Act. &lt;all&gt; </pre></body></html>
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118S313
National Cold War Center Act of 2023
[ [ "C001095", "Sen. Cotton, Tom [R-AR]", "sponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ] ]
<p><strong>National Cold War Center Act of 2023</strong></p> <p>This bill designates the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, as the National Cold War Center. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 313 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 313 To authorize reference to the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, as the ``National Cold War Center''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cotton (for himself and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To authorize reference to the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, as the ``National Cold War Center''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Cold War Center Act of 2023''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The BAFB Cold War Museum, Inc., a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code of 1986, is responsible for the finances and management of the National Cold War Museum at Blytheville/Eaker Air Force Base in Blytheville, Arkansas. (2) The National Cold War Center, located on the Blytheville/Eaker Air Force Base, will be recognized as a major tourist attraction in Arkansas that will provide an immersive and authoritative experience in informing, interpreting, and honoring the legacy of the Cold War. (3) The Blytheville/Eaker Air Force Base has the only intact, publicly accessible Alert Facility and Weapons Storage Facility in the United States. (4) There is an urgent need to preserve the stories, artifacts, and heroic achievements of the Cold War. (5) The United States has a need to preserve forever the knowledge and history of the United States achievements in the Cold War century and to portray that history to citizens, visitors, and school children for centuries to come. (6) The National Cold War Center seeks to educate a diverse group of audiences through its collection of artifacts, photographs, and firsthand personal accounts of the participants in the war on the home front. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to authorize references to the museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, including its future and expanded exhibits, collections, and educational programs, as the ``National Cold War Center''; (2) to ensure the continuing preservation, maintenance, and interpretation of the artifacts, documents, images, and history collected by the Center; (3) to enhance the knowledge of the American people of the experience of the United States during the Cold War years; (4) to provide and support a facility for the public display of the artifacts, photographs, and personal histories of the Cold War years; and (5) to ensure that all future generations understand the sacrifices made to preserve freedom and democracy, and the benefits of peace for all future generations in the 21st century and beyond. SEC. 4. REFERENCE TO AMERICA'S COLD WAR CENTER. The museum located at Blytheville/Eaker Air Force Base in Blytheville, Arkansas, is hereby authorized to be referred to as the ``National Cold War Center''. &lt;all&gt; </pre></body></html>
[ "Arkansas", "Armed Forces and National Security", "Military facilities and property", "Military history", "Museums, exhibitions, cultural centers", "Public Lands and Natural Resources", "U.S. history" ]
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118S314
Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ] ]
<p><b>Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act or the CREATE JOBS Act</b></p> <p>This bill allows permanent expensing of qualified property (i.e., property with a recovery period of 20 years or less and that is computer software, water utility property, or film, television, or live theatrical production property). It also modifies depreciation provisions for residential rental property and nonresidential real property. </p> <p>The bill repeals provisions for the amortization of research and experimental expenditures, thus providing for direct expensing of such expenditures.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 314 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 314 To amend the Internal Revenue Code of 1986 to permanently allow a tax deduction at the time an investment in qualified property is made, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to permanently allow a tax deduction at the time an investment in qualified property is made, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act'' or the ``CREATE JOBS Act''. SEC. 2. PERMANENT FULL EXPENSING FOR QUALIFIED PROPERTY. (a) In General.--Paragraph (6) of section 168(k) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means, in the case of property placed in service (or, in the case of a specified plant described in paragraph (5), a plant which is planted or grafted) after September 27, 2017, 100 percent.''. (b) Conforming Amendments.-- (1) Section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (2)-- (i) in subparagraph (A)-- (I) in clause (i)(V), by inserting ``and'' at the end, (II) in clause (ii), by striking ``clause (ii) of subparagraph (E), and'' and inserting ``clause (i) of subparagraph (E).'', and (III) by striking clause (iii), (ii) in subparagraph (B)-- (I) in clause (i)-- (aa) by striking subclauses (II) and (III), and (bb) by redesignating subclauses (IV) through (VI) as subclauses (II) through (IV), respectively, (II) by striking clause (ii), and (III) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, (iii) in subparagraph (C)-- (I) in clause (i), by striking ``and subclauses (II) and (III) of subparagraph (B)(i)'', and (II) in clause (ii), by striking ``subparagraph (B)(iii)'' and inserting ``subparagraph (B)(ii)'', and (iv) in subparagraph (E)-- (I) by striking clause (i), and (II) by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively, and (B) in paragraph (5)(A), by striking ``planted before January 1, 2027, or is grafted before such date to a plant that has already been planted,'' and inserting ``planted or grafted''. (2) Section 460(c)(6)(B) of such Code is amended by striking ``which'' and all that follows through the period and inserting ``which has a recovery period of 7 years or less.''. (c) Effective Date.--The amendments made by this section shall take effect as if included in section 13201 of Public Law 115-97. SEC. 3. NEUTRAL COST RECOVERY DEPRECIATION ADJUSTMENT FOR RESIDENTIAL RENTAL PROPERTY AND NONRESIDENTIAL REAL PROPERTY. (a) In General.--Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subsection: ``(n) Neutral Cost Recovery Depreciation Adjustment for Residential Rental Property and Nonresidential Real Property.-- ``(1) In general.--In the case of any applicable property, the deduction under this section with respect to such property for any taxable year after the taxable year during which the property is placed in service shall be-- ``(A) the amount determined under this section for such taxable year without regard to this subsection, multiplied by ``(B) the applicable neutral cost recovery ratio for such taxable year. ``(2) Applicable neutral cost recovery ratio.--For purposes of paragraph (1), the applicable neutral cost recovery ratio for the applicable property for any taxable year is the number determined by-- ``(A) dividing-- ``(i) the gross domestic product deflator for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which the property was placed in service by the taxpayer, by ``(ii) the gross domestic product deflator for the calendar quarter during which the property was placed in service by the taxpayer, and ``(B) then multiplying the number determined under subparagraph (A) by the number equal to 1.03 to the nth power where `n' is the number of full years in the period beginning on the 1st day of the calendar quarter during which the property was placed in service by the taxpayer and ending on the day before the beginning of the corresponding calendar quarter ending during such taxable year. The applicable neutral cost recovery ratio shall never be less than 1. The applicable neutral cost recovery ratio shall be rounded to the nearest \1/1000\. ``(3) Special rule for existing property.--In the case of any applicable property which is placed in service before the date of enactment of this subsection, subparagraphs (A)(ii) and (B) of paragraph (2) shall be applied by substituting `calendar quarter which includes the date of enactment of this subsection' for `calendar quarter during which the property was placed in service by the taxpayer' each place it appears. ``(4) Gross domestic product deflator.--For purposes of paragraph (2), the gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the first revision thereof). ``(5) Election not to have subsection apply.--This subsection shall not apply to any applicable property if the taxpayer elects not to have this subsection apply to such property. Such an election, once made, shall be irrevocable. ``(6) Additional deduction not to affect basis or recapture.-- ``(A) In general.--The additional amount determined under this section by reason of this subsection shall not be taken into account in determining the adjusted basis of any applicable property or of any interest in a pass-thru entity which holds such property and shall not be treated as a deduction for depreciation for purposes of sections 1245 and 1250. ``(B) Pass-thru entity defined.--For purposes of subparagraph (A), the term `pass-thru entity' means-- ``(i) a regulated investment company, ``(ii) a real estate investment trust, ``(iii) an S corporation, ``(iv) a partnership, ``(v) an estate or trust, and ``(vi) a common trust fund. ``(7) Applicable property.--For purposes of this subsection, the term `applicable property' means residential rental property or nonresidential real property (as such terms are defined in subsection (e)(2)).''. (b) Minimum Tax Treatment.--Paragraph (1) of section 56(a) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subparagraph: ``(E) Use of neutral cost recovery ratio.--In the case of property to which section 168(n) applies, the deduction allowable under this paragraph with respect to such property for any taxable year (after the taxable year during which the property is placed in service) shall be-- ``(i) the amount so allowable for such taxable year without regard to this subparagraph, multiplied by ``(ii) the applicable neutral cost recovery ratio for such taxable year (as determined under section 168(n)). This subparagraph shall not apply to any property with respect to which there is an election in effect not to have section 168(n) apply.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service before, on, or after the date of the enactment of this Act, with respect to taxable years ending on or after such date. SEC. 4. ELIMINATION OF AMORTIZATION OF RESEARCH AND EXPERIMENTAL EXPENDITURES. (a) In General.--Section 174 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 174. RESEARCH AND EXPERIMENTAL EXPENDITURES. ``(a) Treatment as Expenses.-- ``(1) In general.--A taxpayer may treat research or experimental expenditures which are paid or incurred by him during the taxable year in connection with his trade or business as expenses which are not chargeable to capital account. The expenditures so treated shall be allowed as a deduction. ``(2) When method may be adopted.-- ``(A) Without consent.--A taxpayer may, without the consent of the Secretary, adopt the method provided in this subsection for his first taxable year for which expenditures described in paragraph (1) are paid or incurred. ``(B) With consent.--A taxpayer may, with the consent of the Secretary, adopt at any time the method provided in this subsection. ``(3) Scope.--The method adopted under this subsection shall apply to all expenditures described in paragraph (1). The method adopted shall be adhered to in computing taxable income for the taxable year and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method is authorized with respect to part or all of such expenditures. ``(b) Amortization of Certain Research and Experimental Expenditures.-- ``(1) In general.--At the election of the taxpayer, made in accordance with regulations prescribed by the Secretary, research or experimental expenditures which are-- ``(A) paid or incurred by the taxpayer in connection with his trade or business, ``(B) not treated as expenses under subsection (a), and ``(C) chargeable to capital account but not chargeable to property of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion), may be treated as deferred expenses. In computing taxable income, such deferred expenses shall be allowed as a deduction ratably over such period of not less than 60 months as may be selected by the taxpayer (beginning with the month in which the taxpayer first realizes benefits from such expenditures). Such deferred expenses are expenditures properly chargeable to capital account for purposes of section 1016(a)(1) (relating to adjustments to basis of property). ``(2) Time for and scope of election.--The election provided by paragraph (1) may be made for any taxable year, but only if made not later than the time prescribed by law for filing the return for such taxable year (including extensions thereof). The method so elected, and the period selected by the taxpayer, shall be adhered to in computing taxable income for the taxable year for which the election is made and for all subsequent taxable years unless, with the approval of the Secretary, a change to a different method (or to a different period) is authorized with respect to part or all of such expenditures. The election shall not apply to any expenditure paid or incurred during any taxable year before the taxable year for which the taxpayer makes the election. ``(c) Land and Other Property.--This section shall not apply to any expenditure for the acquisition or improvement of land, or for the acquisition or improvement of property to be used in connection with the research or experimentation and of a character which is subject to the allowance under section 167 (relating to allowance for depreciation, etc.) or section 611 (relating to allowance for depletion); but for purposes of this section allowances under section 167, and allowances under section 611, shall be considered as expenditures. ``(d) Exploration Expenditures.--This section shall not apply to any expenditure paid or incurred for the purpose of ascertaining the existence, location, extent, or quality of any deposit of ore or other mineral (including oil and gas). ``(e) Only Reasonable Research Expenditures Eligible.--This section shall apply to a research or experimental expenditure only to the extent that the amount thereof is reasonable under the circumstances. ``(f) Cross References.-- ``(1) For adjustments to basis of property for amounts allowed as deductions as deferred expenses under subsection (b), see section 1016(a)(14). ``(2) For election of 10-year amortization of expenditures allowable as a deduction under subsection (a), see section 59(e).''. (b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 174 and inserting the following new item: ``Sec. 174. Research and experimental expenditures''. (c) Conforming Amendments.-- (1) Section 41(d)(1)(A) of such Code is amended by striking ``specified research or experimental expenditures under section 174'' and inserting ``expenses under section 174''. (2) Section 280C(c) of such Code is amended to read as follows: ``(c) Credit for Increasing Research Activities.-- ``(1) In general.--No deduction shall be allowed for that portion of the qualified research expenses (as defined in section 41(b)) or basic research expenses (as defined in section 41(e)(2)) otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 41(a). ``(2) Similar rule where taxpayer capitalizes rather than deducts expenses.--If-- ``(A) the amount of the credit determined for the taxable year under section 41(a)(1), exceeds ``(B) the amount allowable as a deduction for such taxable year for qualified research expenses or basic research expenses (determined without regard to paragraph (1)), the amount chargeable to capital account for the taxable year for such expenses shall be reduced by the amount of such excess. ``(3) Election of reduced credit.-- ``(A) In general.--In the case of any taxable year for which an election is made under this paragraph-- ``(i) paragraphs (1) and (2) shall not apply, and ``(ii) the amount of the credit under section 41(a) shall be the amount determined under subparagraph (B). ``(B) Amount of reduced credit.--The amount of credit determined under this subparagraph for any taxable year shall be the amount equal to the excess of-- ``(i) the amount of credit determined under section 41(a) without regard to this paragraph, over ``(ii) the product of-- ``(I) the amount described in clause (i), and ``(II) the rate of tax under section 11(b). ``(C) Election.--An election under this paragraph for any taxable year shall be made not later than the time for filing the return of tax for such year (including extensions), shall be made on such return, and shall be made in such manner as the Secretary may prescribe. Such an election, once made, shall be irrevocable. ``(4) Controlled groups.--Paragraph (3) of subsection (b) shall apply for purposes of this subsection.''. (d) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2021. &lt;all&gt; </pre></body></html>
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118S315
TRACK Act of 2023
[ [ "M001176", "Sen. Merkley, Jeff [D-OR]", "sponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ] ]
<p><b>Taxpayer Research and Contributions Knowledge Act of 2023</b> <b>or the TRACK Act of 2023</b></p> <p>This bill requires the Department of Health and Human Services (HHS) to work with other federal entities to compile a public database of federal contracts, tax benefits, and other support for biomedical research and development. HHS must develop the database within one month and update it every two weeks.</p> <p>The bill sets out elements that must be in the database, including (1) the agency or other federal entity providing the support, (2) the entity receiving the support, (3) an itemized accounting of the support provided, (4) any associated clinical trial data, and (5) any medical products that were developed using the support and that are being brought to market.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 315 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 315 To direct the Secretary of Health and Human Services and other Federal officials to compile into a searchable database information relating to Federal support for biomedical research and development, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Merkley (for himself, Mr. Braun, Mr. Sanders, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To direct the Secretary of Health and Human Services and other Federal officials to compile into a searchable database information relating to Federal support for biomedical research and development, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Research And Contributions Knowledge Act of 2023'' or the ``TRACK Act of 2023''. SEC. 2. DATABASE. (a) In General.--The Secretary of Health and Human Services, the Director of the National Institutes of Health, the Assistant Secretary for Preparedness and Response of the Department of Health and Human Services, the Director of the Biomedical Advanced Research and Development Authority, the Secretary of Defense, the Secretary of Veterans Affairs, the Director of the National Institute of Allergy and Infectious Diseases, and such other Federal officials as the Secretary of Health and Human Services determines to be relevant, acting in coordination, shall-- (1) compile into a searchable database information relating to Federal support (before or after the date of enactment of this Act) for biomedical research and development; and (2) make such database available on the public website of the Department of Health and Human Services. (b) Covered Information.--The information relating to Federal support described in subsection (a)(1) includes all contracts, funding agreements, licensing arrangements, other transactions, and other arrangements entered into by, or on behalf of, the Federal Government and tax benefits provided with respect to research and development, and manufacturing, of a drug (including a biological product), cell or gene therapy, or medical device intended to be manufactured, used, designed, developed, modified, repurposed, licensed, or procured to diagnose, mitigate, prevent, treat, or cure any disease or condition, including the following: (1) Licensing agreements pursuant to section 207 or 209 of title 35, United States Code. (2) Cooperative research and development agreements and licensing agreements pursuant to section 12 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a). (3) Funding agreements, as defined in section 201 of title 35, United States Code. (4) Transactions, contracts, grants, cooperative agreements, other agreements, and other arrangements entered into pursuant to the following statutes: (A) The Public Health Service Act (42 U.S.C. 201 et seq.), including sections 301, 319L, 421, and 480 of such Act (42 U.S.C. 241, 247d-7e, 285b-3, 287a). (B) Section 105 of the National Institutes of Health Reform Act of 2006 (42 U.S.C. 284n). (C) Chapter 301 of title 10, United States Code, including sections 4001, 4021, 4022, 4026, and 4023. (5) Grants, contracts, and other transactions pursuant to section 4021, 4022, or 4026 of title 10, United States Code. (6) Procurement contracts and other agreements pursuant to section 4023 of title 10, United States Code. (c) Information Required.--Notwithstanding any other provision of law, the Federal officials described in subsection (a) shall include in the database under subsection (a), with regard to each contract, funding agreement, licensing agreement, other transaction, other arrangement, or tax benefit described in subsection (b), at least the following information: (1) The agency, program, institute, or other Federal Government entity providing the Federal grant, cooperative agreement, or other support. (2) The amount and period of Federal financial support with an itemized breakdown. (3) Other Federal nonfinancial support, including the use of Federal personnel, Federal facilities, and Federal equipment. (4) The grant number, if applicable. (5) Associated clinical trial data, upon trial completion. (6) Associated patents and patent applications, specifying-- (A) any Federal ownership in such patents and patent applications; (B) the expiration date of such patents and filing dates of such patent applications; and (C) the numbers of such patents and patent applications. (7) Associated periods of marketing exclusivity under Federal law and the durations of such periods. (8) The corporation, nonprofit organization, academic institution, person, or other entity receiving the Federal support. (9) Any products (including repurposed products) approved, authorized, or cleared for marketing, or for which marketing approval, authorization, or clearance is being sought, the development of which was aided by Federal support, including-- (A) the names of such products; (B) the prices of such products; and (C) the current and anticipated manufacturing capacity to produce such products. (10) The full terms of the contract, funding agreement, licensing agreement, other transaction, or other arrangement described in subsection (b). (d) Format of Information.--The database under subsection (a) shall be-- (1) searchable and filterable according to the categories of information described in subsection (c); and (2) presented in a user-friendly format. (e) Timing.--The database under subsection (a) shall be-- (1) made publicly available not later than 1 month after the date of enactment of this Act; and (2) updated not less than every 2 weeks. (f) Disclosure.-- (1) In general.--Notwithstanding any other provision of law, to the extent necessary for an official described in subsection (a) to carry out this section, such official may require entities receiving Federal support described in subsection (a)(1) to disclose to the official any information relating to such Federal support and required to be included in the database under subsection (a). (2) Intermediary cooperation.--Any arrangement entered into by the Federal Government with an entity providing for such entity to enter into contracts, licensing agreements, grants, other transactions, or other arrangements with third parties on behalf of the Federal Government shall require such entity to disclose in a timely manner any information necessary for the Federal Government to fulfill its duties under this Act. With respect to any such arrangement in place as of the date of enactment of this Act, an official described in subsection (a) may require the entity to disclose to the official any information required to be included in the database under subsection (a). (3) Penalty for nondisclosure.--If an entity that is required to disclose information pursuant to paragraph (1) or (2) fails to disclose such information by the date that is 2 weeks after the date on which the official requests such information, or by such reasonable deadline as the official may specify, whichever is sooner, then such entity shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each day on which such failure continues. &lt;all&gt; </pre></body></html>
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118S316
A bill to repeal the authorizations for use of military force against Iraq.
[ [ "K000384", "Sen. Kaine, Tim [D-VA]", "sponsor" ], [ "Y000064", "Sen. Young, Todd [R-IN]", "cosponsor" ], [ "M000639", "Sen. Menendez, Robert [D-NJ]", "cosponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "cosponsor" ], [ "P000603", "Sen. Paul, Rand [R-KY]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "M001153", "Sen. Murkowski, Lisa [R-AK]", "cosponsor" ], [ "M001169", "Sen. Murphy, Christopher [D-CT]", "cosponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ], [ "L000570", "Sen. Lujan, Ben Ray [D-NM]", "cosponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "R000122", "Sen. Reed, Jack [D-RI]", "cosponsor" ], [ "V000137", "Sen. Vance, J. D. [R-OH]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "C000141", "Sen. Cardin, Benjamin L. [D-MD]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "M001183", "Sen. Manchin, Joe, III [D-WV]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ], [ "S000770", "Sen. Stabenow, Debbie [D-MI]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "cosponsor" ], [ "O000174", "Sen. Ossoff, Jon [D-GA]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ], [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "cosponsor" ], [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "cosponsor" ], [ "W000805", "Sen. Warner, Mark R. [D-VA]", "cosponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ] ]
<p>This bill repeals specified authorizations for the use of military force against Iraq.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 316 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 316 To repeal the authorizations for use of military force against Iraq. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Kaine (for himself, Mr. Young, Mr. Menendez, Mr. Grassley, Mr. Durbin, Mr. Lee, Mr. Coons, Mr. Paul, Ms. Duckworth, Mr. Daines, Ms. Hirono, Mr. Marshall, Mr. King, Ms. Murkowski, Mr. Murphy, Mr. Moran, Mr. Lujan, Ms. Collins, Mr. Van Hollen, Mr. Braun, Mr. Booker, and Ms. Lummis) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To repeal the authorizations for use of military force against Iraq. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION. The Authorization for Use of Military Force Against Iraq Resolution (Public Law 102-1; 105 Stat. 3; 50 U.S.C. 1541 note) is hereby repealed. SEC. 2. REPEAL OF AUTHORIZATION FOR USE OF MILITARY FORCE AGAINST IRAQ RESOLUTION OF 2002. The Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243; 116 Stat. 1498; 50 U.S.C. 1541 note) is hereby repealed. &lt;all&gt; </pre></body></html>
[ "International Affairs", "Congressional oversight", "Iraq", "Middle East", "Military operations and strategy", "Presidents and presidential powers, Vice Presidents", "War and emergency powers" ]
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Record Vote Number: 67. " }, "number": "22", "purpose": "To provide for the termination of authorizations for use of military force after two years.", "type": "SAMDT", "updateDate": "2023-04-20T13:58:20Z", "url": "https://api.congress.gov/v3/amendment/118/samdt/22?format=json" }, { "congress": 118, "description": null, "latestAction": null, "number": "21", "purpose": null, "type": "SAMDT", "updateDate": "2023-04-20T13:57:26Z", "url": "https://api.congress.gov/v3/amendment/118/samdt/21?format=json" }, { "congress": 118, "description": null, "latestAction": null, "number": "20", "purpose": null, "type": "SAMDT", "updateDate": "2023-04-20T13:57:26Z", "url": "https://api.congress.gov/v3/amendment/118/samdt/20?format=json" }, { "congress": 118, "description": null, "latestAction": { "actionDate": "2023-03-22", "actionTime": null, "text": "Amendment SA 2 under the order of 3/22/2023, not having achieved 60 votes in the affirmative, was not agreed to in Senate by Yea-Nay Vote. 9 - 86. 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118S317
Reproductive Freedom for All Act
[ [ "K000384", "Sen. Kaine, Tim [D-VA]", "sponsor" ], [ "M001153", "Sen. Murkowski, Lisa [R-AK]", "cosponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ] ]
<p><b>Reproductive Freedom for All Act</b></p> <p>This bill establishes a general right of all persons to make certain reproductive decisions without undue government interference.</p> <p>It specifically provides statutory authority for the Supreme Court's prior holdings in <i>Roe v. Wade</i> and<i> Planned Parenthood of Southeastern Pennsylvania v. Casey</i>. In <i>Roe</i>, the Court held that the Constitution protects a woman's decision to terminate her pregnancy. In<i> Casey</i>, the Court reaffirmed this holding and additionally held that state abortion regulations may not place a substantial obstacle in the path of a woman seeking an abortion before fetal viability (i.e., an undue burden). However, a state may (1) restrict abortions after viability, except when a pregnancy endangers the life or health of the woman; and (2) enact regulations to further the health or safety of a woman seeking an abortion, except for unnecessary health regulations that present a substantial obstacle to a woman seeking an abortion.</p> <p>Additionally, the bill provides statutory authority for the Court's holdings in <i>Griswold v. Connecticut</i> (the right of married couples to obtain contraception), <i>Eisenstadt v. Baird</i> (the right of single persons to obtain contraception), <i>Carey v. Population Services International</i> (the right of minors to obtain contraception), and <i>Whole Woman's Health v. Hellerstedt</i> (that certain state restrictions on abortion facilities and providers created an undue burden).</p> <p>The bill allows the Department of Justice or any person adversely affected by a state law that violates this bill to seek injunctive relief. It also specifies that the bill does not affect laws regarding conscience protection. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 317 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 317 To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Kaine (for himself, Ms. Murkowski, Ms. Sinema, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reproductive Freedom for All Act''. SEC. 2. PURPOSE. It is the purpose of this Act to guarantee that Americans have the freedom to make certain reproductive decisions without undue government interference, consistent with the essential holdings of Griswold v. Connecticut (381 U.S. 479 (1965)), Eisenstadt v. Baird (405 U.S. 438 (1972)), Roe v. Wade (410 U.S. 113 (1973)), Carey v. Population Services International (431 U.S. 678 (1977)), Planned Parenthood of Southeastern Pennsylvania v. Casey (505 U.S. 833 (1992)), and Whole Woman's Health v. Hellerstedt (579 U.S. 582 (2016)). SEC. 3. FINDINGS. Congress finds the following: (1) For decades, the Supreme Court of the United States has held that the liberty protected by the Fourteenth Amendment to the Constitution of the United States encompasses a right to make certain reproductive decisions without undue government interference. (2) While these precedents have advanced slightly different constitutional rationales, and have acknowledged that some government regulation is acceptable, they have created a society whereby Americans expect to make certain reproductive decisions without undue government interference. Generations of American women have relied on the fact that they have the freedom to make such choices as a matter of fundamental personal right. (3) The right to make certain reproductive decisions without undue government interference should be guaranteed for all Americans, consistent with the Fourteenth Amendment's guarantee of equal protection and due process under the law. (4) The Supreme Court has reversed five decades of jurisprudence in Dobbs v. Jackson Women's Health Organization (142 S. Ct. 2228 (2022)), concluding that questions related to the legality of abortion services are a matter for legislative action rather than constitutional protection. (5) In light of the Dobbs ruling that the legality of abortion services is now a matter of legislative action, it is appropriate to enact the essential holdings of the cases referred to in section 2 so that Americans are guaranteed the freedom to make the reproductive decisions discussed therein. The absence of such a guarantee has a profound effect upon the quality of Americans' lives, particularly the lives of women. As such, this action is an appropriate exercise of the Congressional power established in section 5 of the Fourteenth Amendment to the Constitution of the United States. By continuing to protect their reliance on fundamental reproductive rights, such a guarantee will improve the general welfare for generations of American women. (6) Enacting this guarantee is also justified as congressional regulation of interstate commerce because contraception and abortion services are economic transactions that frequently involve the shipment of goods, the provision of services, and the travel of persons across State lines. SEC. 4. REPRODUCTIVE FREEDOM. (a) In General.--All persons shall have the right to make certain reproductive decisions without undue government interference, consistent with the provisions of this Act. (b) Authority.--A State-- (1) shall not prohibit an individual from obtaining or using contraceptives or contraceptive care; (2) shall not impose an undue burden on the ability of a woman to choose whether or not to terminate a pregnancy before fetal viability; (3) may regulate the termination of a pregnancy after fetal viability, provided that a State shall not prohibit the termination of a pregnancy that, in the appropriate medical judgment of the attending health care practitioner or practitioners, is medically indicated to protect the life or health of the pregnant woman; and (4) may enact reasonable regulations to further the health or safety of a woman seeking to terminate a pregnancy, unless such regulations impose an undue burden pursuant to paragraph (2). (c) Rule of Construction.--Nothing in this Act shall be construed to have any effect on laws regarding conscience protection. SEC. 5. ENFORCEMENT. The Attorney General of the United States or any person adversely affected by State laws passed in contravention of this Act may seek injunctive relief in a Federal district or State court. In any action or proceeding under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. SEC. 6. DEFINITIONS. (a) In General.--In this Act: (1) Fetal viability.--The term ``fetal viability'' means the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb. (2) Reasonable.--The term ``reasonable'' with respect to a regulation referred to in paragraph (4) of section 4(b), means that the regulation is consistent with the essential holdings of the cases referred to in section 2. (3) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States, and any subdivision of any of the foregoing. (b) Undue Burden.--For purposes of this Act, an undue burden shall be deemed to exist, and the related provision of law shall be invalid under section 4, if the purpose or effect of such law is to place a substantial obstacle in the path of a woman seeking to terminate a pregnancy before fetal viability. SEC. 7. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance is held to be invalid, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby. &lt;all&gt; </pre></body></html>
[ "Civil Rights and Liberties, Minority Issues", "Civil actions and liability", "Family planning and birth control", "Legal fees and court costs", "Sex and reproductive health", "Women's health" ]
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118S318
Save Our Seas 2.0 Amendments Act
[ [ "S001198", "Sen. Sullivan, Dan [R-AK]", "sponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "M000639", "Sen. Menendez, Robert [D-NJ]", "cosponsor" ], [ "P000595", "Sen. Peters, Gary C. [D-MI]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 318 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 318 To amend the Save Our Seas 2.0 Act to improve the administration of the Marine Debris Foundation, to amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Administration, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Sullivan (for himself, Mr. Whitehouse, Mr. Menendez, and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend the Save Our Seas 2.0 Act to improve the administration of the Marine Debris Foundation, to amend the Marine Debris Act to improve the administration of the Marine Debris Program of the National Oceanic and Atmospheric Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Our Seas 2.0 Amendments Act''. SEC. 2. MODIFICATIONS TO THE MARINE DEBRIS FOUNDATION. (a) Definition of Tribal Organization.--Section 2 of the Save Our Seas 2.0 Act (33 U.S.C. 4201) is amended-- (1) in paragraph (7)(D), by striking ``(as defined'' and all that follows through ``5304))''; (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: ``(11) Tribal organization.--The term `Tribal organization' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).''. (b) Status of Foundation.--Section 111(a) of such Act (33 U.S.C. 4211(a)) is amended, in the second sentence, by striking ``organization'' and inserting ``corporation''. (c) Board of Directors.-- (1) Appointment, vacancies, and removal.--Section 112(b) of such Act (33 U.S.C. 4212(b)) is amended-- (A) in paragraph (1), in the matter preceding subparagraph (A)-- (i) by striking ``and considering'' and inserting ``considering''; (ii) by inserting ``and with the approval of the Secretary of Commerce,'' after ``by the Board,''; and (iii) by inserting ``and such other criteria as the Under Secretary may establish'' after ``subsection (a)''; (B) in paragraph (3)(A), by inserting ``with the approval of the Secretary of Commerce'' after ``the Board''; (C) in paragraph (5)-- (i) by inserting ``the Administrator of the United States Agency for International Development,'' after ``Service,''; and (ii) by inserting ``and with the approval of the Secretary of Commerce'' after ``EPA Administrator''; (D) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (E) by inserting after paragraph (1) the following: ``(2) Recommendations of board regarding appointments.--For appointments made under paragraph (1) other than the initial appointments, the Board shall submit to the Under Secretary recommendations on candidates for appointment.''. (2) General powers.--Section 112(g) of such Act (33 U.S.C. 4212(g)) is amended-- (A) in paragraph (1)(A), by striking ``officers and employees'' and inserting ``the initial officers and employees''; and (B) in paragraph (2)(B)(i), by striking ``its chief operating officer'' and inserting ``the chief executive officer of the Foundation''. (3) Chief executive officer.--Section 112 of such Act (33 U.S.C. 4212) is amended by adding at the end the following: ``(h) Chief Executive Officer.-- ``(1) Appointment; removal; review.--The Board shall appoint and may remove and review the performance of the chief executive officer of the Foundation. ``(2) Powers.--The chief executive officer of the Foundation may appoint, remove, and review the performance of any officer or employee of the Foundation.''. (d) Powers of Foundation.--Section 113(c)(1) of such Act (33 U.S.C. 4213(c)(1)) is amended, in the matter preceding subparagraph (A)-- (1) by inserting ``nonprofit'' before ``corporation''; and (2) by striking ``acting as a trustee'' and inserting ``formed''. (e) Principal Office.--Section 113 of such Act (33 U.S.C. 4213) is amended by adding at the end the following: ``(g) Principal Office.--The Board may locate the principal office of the Foundation outside the District of Columbia and is encouraged to locate that office in a coastal State.''. (f) Best Practices.--Section 113 of such Act (33 U.S.C. 4213), as amended by subsection (e), is further amended by adding at the end the following: ``(h) Best Practices.-- ``(1) In general.--The Foundation shall develop and implement best practices for conducting outreach to Indian Tribes. ``(2) Requirements.--The best practices developed under paragraph (1) shall-- ``(A) include a process to support technical assistance and capacity building to improve outcomes; and ``(B) promote an awareness of programs and grants available under this Act.''. (g) Use of Funds.--Section 118 of such Act (33 U.S.C. 4218) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``and State and local government agencies'' and inserting ``, State and local government agencies, United States and international nongovernmental organizations, regional organizations, Indian Tribes, Tribal organizations, and foreign government entities''; and (B) in paragraph (3)-- (i) in the paragraph heading, by striking ``Prohibition'' and inserting ``Limitation''; (ii) in subparagraph (A)-- (I) by striking ``Except as provided in subparagraph (B), no'' and inserting ``Not more than 12 percent of''; and (II) by striking ``for administrative'' and inserting ``to offset the administrative''; and (iii) by striking subparagraph (B) and inserting the following: ``(B) Salaries.--The Foundation may use Federal funds described in subparagraph (A) to pay for salaries only during the 24-month period beginning on the date of the enactment of the Save Our Seas 2.0 Amendments Act. The Secretary shall not require reimbursement from the Foundation for any such Federal funds used to pay for such salaries.''; and (2) in subsection (b)(2), by striking ``and State and local government agencies'' and inserting ``, State and local government agencies, United States and international nongovernmental organizations, regional organizations, and foreign government entities''. SEC. 3. MODIFICATIONS TO THE MARINE DEBRIS PROGRAM OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. (a) Grants, Cooperative Agreements, Contracts, and Other Agreements.--Section 3(d) of the Marine Debris Act (33 U.S.C. 1952(d)) is amended-- (1) in the subsection heading, by striking ``and Contracts'' and inserting ``Contracts, and Other Agreements''; (2) in paragraph (1), by striking ``and contracts'' and inserting ``, contracts, and other agreements''; (3) in paragraph (2)-- (A) in subparagraph (B)-- (i) by striking ``part of the'' and inserting ``part of a''; and (ii) by inserting ``or (C)'' after ``subparagraph (A)''; and (B) in subparagraph (C), in the matter preceding clause (i), by inserting ``and except as provided in subparagraph (B)'' after ``subparagraph (A)''; and (4) by adding at the end the following: ``(7) In-kind contributions.--With respect to any project carried out pursuant to a contract or other agreement entered into under paragraph (1) that is not a cooperative agreement or an agreement to provide financial assistance in the form of a grant, the Administrator may contribute on an in-kind basis the portion of the costs of the project that the Administrator determines represents the amount of benefit the National Oceanic and Atmospheric Administration derives from the project.''. (b) Receipt and Expenditure of Funds; Use of Resources.--Section 3 of such Act (33 U.S.C. 1952) is amended by adding at the end the following: ``(e) Receipt and Expenditure of Funds.--In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may receive and, only to the extent provided in advance in appropriations Acts, expend funds made available by-- ``(1) any department, agency, or instrumentality of the United States; ``(2) any State or local government (or any political subdivision thereof); ``(3) any Indian tribe; ``(4) any foreign government or international organization; ``(5) any public or private organization; or ``(6) any individual. ``(f) Use of Resources.--In order to accomplish the purpose set forth in section 2, the Administrator, acting through the Program, may use, with consent, with reimbursement, and subject to the availability of appropriations, the land, services, equipment, personnel, and facilities of-- ``(1) any department, agency, or instrumentality of the United States; ``(2) any State or local government (or any political subdivision thereof); ``(3) any Indian tribe; ``(4) any foreign government or international organization; ``(5) any public or private organization; or ``(6) any individual.''. (c) Definition of Indian Tribe.--Section 7 of such Act (33 U.S.C. 1956) is amended-- (1) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Indian tribe.--The term `Indian tribe' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304).''. &lt;all&gt; </pre></body></html>
[ "Environmental Protection", "Aquatic ecology", "Charitable contributions", "Department of Commerce", "Indian social and development programs", "International organizations and cooperation", "Marine pollution", "Public contracts and procurement", "Public-private cooperation", "Social work, volunteer service, charitable organizations", "Water quality" ]
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118S319
POWER Act
[ [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "J000293", "Sen. Johnson, Ron [R-WI]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "M001198", "Sen. Marshall, Roger [R-KS]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "V000137", "Sen. Vance, J. D. [R-OH]", "cosponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ] ]
<p><b>Protecting Our Wealth of Energy Resources Act of 2023 or the POWER Act</b></p> <p>This bill requires the President and federal agencies to obtain the approval of Congress before prohibiting or substantially delaying certain new energy or mineral leases or permits on federal lands. Specifically, approval must be obtained for new (1) oil and gas leases, drill permits, approvals, or authorizations; (2) coal leases, permits, approvals, or authorizations; and (3) mineral patents, leases, permits, approvals, or authorizations.</p> <p>In addition, the President and agencies must obtain the approval of Congress before withdrawing certain federal lands from mineral and geothermal leasing activities.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 319 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 319 To prohibit the President from issuing moratoria on leasing and permitting energy and minerals on certain Federal land. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Lummis (for herself, Mr. Barrasso, Mr. Braun, Mrs. Britt, Mrs. Capito, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Cruz, Mr. Hoeven, Mr. Johnson, Mr. Lankford, Mr. Lee, Mr. Marshall, Mr. Risch, Mr. Tuberville, Mr. Wicker, and Mr. Mullin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To prohibit the President from issuing moratoria on leasing and permitting energy and minerals on certain Federal land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Wealth of Energy Resources Act of 2023'' or the ``POWER Act''. SEC. 2. PROHIBITION ON MORATORIA OF NEW ENERGY LEASES ON CERTAIN FEDERAL LAND AND ON WITHDRAWAL OF FEDERAL LAND FROM ENERGY DEVELOPMENT. (a) Definitions.--In this section: (1) Federal land.-- (A) In general.--The term ``Federal land'' means-- (i) National Forest System land; (ii) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)); (iii) the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)); and (iv) land managed by the Secretary of Energy. (B) Inclusion.--The term ``Federal land'' includes land described in clauses (i) through (iv) of subparagraph (A) for which the rights to the surface estate or subsurface estate are owned by a non-Federal entity. (2) Mineral.--The term ``mineral'' means any mineral subject to sections 2319 through 2344 of the Revised Statutes (commonly known as the ``Mining Law of 1872'') (30 U.S.C. 22 et seq.), and minerals located on ``lands acquired by the United States'' (as defined in section 2 of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351)). (3) President.--The term ``President'' means the President or any designee, including-- (A) the Secretary of Agriculture; (B) the Secretary of Energy; and (C) the Secretary of the Interior. (b) Prohibitions.-- (1) In general.--Notwithstanding any other provision of law, the President shall not carry out any action that would prohibit or substantially delay the issuance of any of the following on Federal land, unless such an action has been authorized by an Act of Congress: (A) New oil and gas leases, drill permits, approvals, or authorizations. (B) New coal leases, permits, approvals, or authorizations. (C) New mineral patents, leases, permits, approvals, or authorizations. (2) Prohibition on withdrawal.--Notwithstanding any other provision of law, the President may not withdraw any Federal land from forms of entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws, or disposition under laws pertaining to mineral and geothermal leasing or mineral materials unless the withdrawal has been authorized by an Act of Congress. &lt;all&gt; </pre></body></html>
[ "Energy", "Coal", "Forests, forestry, trees", "Land use and conservation", "Licensing and registrations", "Marine and coastal resources, fisheries", "Metals", "Mining", "Oil and gas", "Strategic materials and reserves" ]
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118S32
Choice in Affordable Housing Act of 2023
[ [ "C001088", "Sen. Coons, Christopher A. [D-DE]", "sponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "W000790", "Sen. Warnock, Raphael G. [D-GA]", "cosponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ] ]
<p><strong>Choice in Affordable Housing Act of 2023</strong></p> <p> This bill establishes programs and grants to incentivize landlord participation in the Housing Choice Voucher program (i.e., Section 8 tenant-based housing assistance). </p> <p>The bill authorizes the Department of Housing and Urban Development (HUD) to provide one-time incentive payments to landlords, security deposit payments, bonuses to public housing agencies that employ landlord liaisons, and amounts for other recruitment purposes. </p> <p>The bill also reauthorizes through FY2028 the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program. </p> <p>Additionally, the bill allows dwelling units to meet Housing Choice Voucher program inspection requirements by satisfactory inspection through participation in other housing programs. </p> <p>Landlords not yet participating in a low-income housing assistance program may request inspection by a public housing agency to determine whether the dwelling meets requirements prior to selection by a tenant. </p> <p>Finally, HUD must expand the use of an alternative method of calculating fair market rent for purposes of the Housing Choice Voucher program.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 32 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 32 To increase the number of landlords participating in the Housing Choice Voucher program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Coons (for himself, Mr. Cramer, Mr. Warnock, Ms. Smith, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To increase the number of landlords participating in the Housing Choice Voucher program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Choice in Affordable Housing Act of 2023''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Housing Choice Voucher program'' means the tenant-based assistance program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); (2) the term ``Secretary'' means the Secretary of Housing and Urban Development; and (3) the term ``Tribal Housing and Urban Development- Veterans Affairs Supportive Housing program'' means the demonstration program established under paragraph (5) under the heading ``tenant-based rental assistance'' under the heading ``Public and Indian Housing'' in title II of division K of the Consolidated and Further Continuing Appropriations Act, 2015 (Public Law 113-235; 128 Stat. 2732) (commonly known as ``Tribal HUD-VASH''). SEC. 3. FINDINGS. Congress finds the following: (1) The Housing Choice Voucher program is the Federal Government's largest program helping low-income families, the elderly, and persons with disabilities to afford decent, safe, and sanitary housing in the private market. (2) The Housing Choice Voucher program is proven to have positive impacts on voucher holders, including increased housing stability, reduced homelessness, and children lifted out of poverty. (3) As a public-private partnership, the Housing Choice Voucher program relies on the willingness of private landlords to accept vouchers. (4) Landlord participation is declining in the Housing Choice Voucher program, with an average of 10,000 housing providers leaving the program each year between 2010 and 2016. (5) Landlord participation is especially lacking in ``high- opportunity neighborhoods'' that have low poverty rates and good access to quality schools, jobs, and public transportation. (6) The Secretary has conducted and continues to conduct research on landlord participation in the Housing Choice Voucher program. (7) The Moving to Work demonstration program of the Department of Housing and Urban Development has given participating public housing agencies the ability to test innovative strategies to incentivize landlords to accept vouchers. (8) Indian Tribes and tribally designated housing entities, which do not participate in the Housing Choice Voucher program, benefit from the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program, which provides rental assistance to Native American veterans who are experiencing or at risk of experiencing homelessness. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the Housing Choice Voucher program should be improved to increase the number of landlords, particularly landlords with units in high-opportunity neighborhoods, who accept vouchers in order to expand housing choice and opportunity, and further fair housing. SEC. 5. INCENTIVIZING LANDLORD PARTICIPATION IN HOUSING CHOICE VOUCHER PROGRAM. (a) One-Time Incentive Payments.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) is amended by adding at the end the following: ``(22) One-time incentive payments.-- ``(A) Definition.--In this paragraph, the term `eligible unit' means a dwelling unit that-- ``(i) is located in a census tract with a poverty rate of less than 20 percent; and ``(ii) has not previously been subject to a housing assistance payment contract under this subsection. ``(B) Incentive payment authority.-- ``(i) In general.--To incentivize landlords who own dwelling units in low-poverty areas to enter into housing assistance payment contracts under this subsection, the Secretary shall provide assistance under this paragraph to public housing agencies to be used to offer a one-time payment directly to the owner of an eligible unit entering into a housing assistance payment contract with the public housing agency for the eligible unit. ``(ii) Amount.--The amount of an incentive payment made to an eligible owner under clause (i) may not exceed 200 percent of the monthly housing assistance payment made to the eligible owner for the eligible unit. ``(iii) Conditions permitted.--Subject to paragraph (7), a public housing agency may require the owner of an eligible unit, as a condition of receiving an incentive payment under clause (i), to commit to lease the eligible unit to tenants assisted under this subsection for more than 1 year. ``(iv) Limit.--The owner of an eligible unit may not receive more than 1 incentive payment under clause (i), regardless of-- ``(I) the number of eligible units owned by the owner; or ``(II) the number of public housing agencies with which the owner has entered into housing assistance payment contracts.''. (b) Security Deposit Payments.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as amended by subsection (a), is amended by adding at the end the following: ``(23) Security deposit payments.-- ``(A) Security deposit payment authority.--The Secretary shall provide assistance to public housing agencies to be used to pay the owner of a dwelling unit assisted under this subsection for a security deposit, or a substantial portion thereof, on behalf of the tenant of the dwelling unit in accordance with subparagraph (B). ``(B) Minimum pha requirements.--A public housing agency that receives assistance from the Secretary under subparagraph (A) shall administer the assistance in accordance with the following conditions: ``(i) The public housing agency shall pay the owners of dwelling units assisted under this subsection for a security deposit, or a substantial portion thereof, in an amount determined by the public housing agency, on behalf of the tenants of the dwelling units. ``(ii) In making payments to owners of dwelling units under clause (i), the public housing agency shall give priority to owners of dwelling units occupied by extremely low-income families. ``(iii) The owner of a dwelling unit may deduct amounts from a security deposit payment received under clause (i) to cover damages beyond normal wear and tear caused by the tenant of the dwelling unit, any member of the tenant's household, or any guest or other person under the tenant's control. ``(iv) The public housing agency shall conduct a damage claims process whereby-- ``(I) in order to deduct amounts from a security deposit payment received under clause (i), the owner of a covered dwelling unit must submit a claim to the public housing agency with an itemized list of damages and evidence and request reimbursement; and ``(II) the tenant of a covered dwelling unit may refute a claim submitted under subclause (I). ``(v) The public housing agency shall-- ``(I) establish an amount of repair costs for which a tenant will be responsible; and ``(II) notify a tenant, upon the tenant entering into a lease for a dwelling unit assisted under this subsection, of the amount described in subclause (I). ``(vi) The public housing agency may determine what action to take if a tenant demonstrates an inability to pay the amount of repair costs for which the tenant is responsible under clause (v). ``(vii) At the end of a tenant's occupancy of a dwelling unit assisted under this subsection, the landlord shall return to the public housing agency any unused amount of a security deposit payment received under clause (i). ``(C) Rule of construction.--Nothing in subparagraph (B) shall be construed to prohibit a public housing agency from establishing additional conditions for the administration of assistance received under subparagraph (A) in accordance with applicable State and local laws.''. (c) Landlord Liaison Bonus Payments.--Section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), as amended by subsection (b), is amended by adding at the end the following: ``(24) Landlord liaison bonus payments.-- ``(A) In general.--Each year, the Secretary shall award 1 bonus payment to each public housing agency that employs, contracts with a service partner that employs, or demonstrates an intent to employ or contract with a service partner that employs, not less than 1 dedicated landlord liaison whose duties include, with respect to the tenant-based assistance program under subsection (o)-- ``(i) conducting landlord outreach, recruitment, and retention; ``(ii) educating and training landlords regarding the program; and ``(iii) operating a phone hotline, online portal, monitored email address, or other mechanism designated by the Secretary for landlord questions and concerns regarding the program. ``(B) Demonstrating compliance.--The Secretary shall determine how a public housing agency may demonstrate that it offers or intends to offer a landlord liaison service for purposes of subparagraph (A). ``(C) Amount.--The Secretary shall establish an amount for the landlord liaison bonus payment authorized under subparagraph (A) that-- ``(i) may vary by region; ``(ii) does not exceed the 150 percent of the average cost of employing, or contracting with a service partner that employs, such a landlord liaison, based on local market conditions; and ``(iii) is sufficient to incentivize public housing agencies to employ, or contact with a service partner that employs, such a landlord liaison.''. (d) Housing Partnership Fund.--Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by adding at the end the following: ``(ee) Herschel Lashkowitz Housing Partnership Fund.-- ``(1) Establishment.--The Secretary shall establish a fund, to be known as the `Herschel Lashkowitz Housing Partnership Fund', for the purpose of incentivizing landlords to participate in the tenant-based assistance program under subsection (o) in accordance with paragraph (2) of this subsection. ``(2) Authorized uses.--The Secretary shall use amounts from the Housing Partnership Fund for-- ``(A) incentive payments under subsection (o)(22); ``(B) security deposit payments under subsection (o)(23); ``(C) landlord liaison bonus payments under subsection (o)(24); and ``(D) other uses, as determined by a public housing agency and approved by the Secretary, designed primarily-- ``(i) to recruit owners of dwelling units, particularly dwelling units in census tracts with a poverty rate of less than 20 percent, to enter into housing assistance payment contracts under subsection (o); and ``(ii) to ensure that owners that enter into housing assistance payment contracts as described in clause (i) of this subparagraph continue to lease their dwelling units to tenants assisted under subsection (o). ``(3) Reports.--The Secretary shall require a public housing agency that receives assistance from the Herschel Lashkowitz Housing Partnership Fund to submit an annual report to the Secretary on the use of the assistance. ``(4) Authorization of additional appropriations.--There is authorized to be appropriated for deposit in the Herschel Lashkowitz Housing Partnership Fund $100,000,000 for each of fiscal years 2024 through 2028, to remain available until expended.''. SEC. 6. TRIBAL HUD-VASH AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Secretary of Housing and Urban Development $7,000,000 for each of fiscal years 2024 through 2028 for the Tribal Housing and Urban Development-Veterans Affairs Supportive Housing program. SEC. 7. HOUSING QUALITY STANDARDS. (a) Satisfaction of Inspection Requirements Through Participation in Other Housing Programs.--Section 8(o)(8) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)), as amended by section 101(a) of the Housing Opportunity Through Modernization Act of 2016 (Public Law 114-201; 130 Stat. 783), is amended by adding at the end the following: ``(I) Satisfaction of inspection requirements through participation in other housing programs.-- ``(i) Low-income housing tax credit- financed buildings.--A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if-- ``(I) the dwelling unit is in a building, the acquisition, rehabilitation, or construction of which was financed by a person who received a low-income housing tax credit under section 42 of the Internal Revenue Code of 1986 in exchange for that financing; ``(II) the dwelling unit was physically inspected and passed inspection as part of the low-income housing tax credit program described in subclause (I) during the preceding 12- month period; and ``(III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). ``(ii) HOME investment partnerships program.--A dwelling shall be deemed to meet the inspection requirements under this paragraph if-- ``(I) the dwelling unit is assisted under the HOME Investment Partnerships Program under title II of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.); ``(II) the dwelling unit was physically inspected and passed inspection as part of the program described in subclause (I) during the preceding 12-month period; and ``(III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). ``(iii) Rural housing service.--A dwelling unit shall be deemed to meet the inspection requirements under this paragraph if-- ``(I) the dwelling unit is assisted by the Rural Housing Service of the Department of Agriculture; ``(II) the dwelling unit was physically inspected and passed inspection in connection with the assistance described in subclause (I) during the preceding 12-month period; and ``(III) the applicable public housing agency is able to obtain the results of the inspection described in subclause (II). ``(iv) Rule of construction.--Nothing in clause (i), (ii), or (iii) shall be construed to affect the operation of a housing program described in, or authorized under a provision of law described in, that clause.''. (b) Pre-Approval of Units.--Section 8(o)(8)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(8)(A)) is amended by adding at the end the following: ``(iv) Initial inspection prior to lease agreement.-- ``(I) Definition.--In this clause, the term `new landlord' means an owner of a dwelling unit who has not previously entered into a housing assistance payment contract with a public housing agency under this subsection for any dwelling unit. ``(II) Early inspection.--Upon the request of a new landlord, a public housing agency may inspect the dwelling unit owned by the new landlord to determine whether the unit meets the housing quality standards under subparagraph (B) before the unit is selected by a tenant assisted under this subsection. ``(III) Effect.--An inspection conducted under subclause (II) that determines that the dwelling unit meets the housing quality standards under subparagraph (B) shall satisfy this subparagraph and subparagraph (C) if the new landlord enters into a lease agreement with a tenant assisted under this subsection not later than 60 days after the date of the inspection. ``(IV) Information when family is selected.--When a public housing agency selects a family to participate in the tenant-based assistance program under this subsection, the public housing agency shall include in the information provided to the family a list of dwelling units that have been inspected under subclause (II) and determined to meet the housing quality standards under subparagraph (B).''. SEC. 8. SMALL AREA FAIR MARKET RENT. (a) Use of Small Area Fair Market Rent.--Section 8(o)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(1)) is amended by adding at the end the following: ``(F) Small area fair market rent.-- ``(i) Definitions.--In this subparagraph-- ``(I) the term `metropolitan area' means a metropolitan statistical area, as defined by the Office of Management and Budget; and ``(II) the term `small area fair market rent' means the fair market rent established for a ZIP Code area within a metropolitan area. ``(ii) Use of small area fair market rent.--Notwithstanding subsection (c) or any other provision of this subsection, not later than 3 years after the date of enactment of this subparagraph, the Secretary shall designate a number of metropolitan areas in which public housing agencies are required to use the small area fair market rent to determine the fair market rental for dwelling units for purposes of tenant-based assistance under this subsection that is not less than 3 times the number of metropolitan areas so designated in the final rule of the Secretary entitled `Establishing a More Effective Fair Market Rent System; Using Small Area Fair Market Rents in the Housing Choice Voucher Program Instead of the Current 50th Percentile FMRs', published in the Federal Register on November 16, 2016 (81 Fed. Reg. 80567). ``(iii) Hold harmless.--If the application of clause (ii) would cause a decrease in the payment standard used to calculate the amount of tenant-based assistance provided to a family under this subsection, a public housing agency shall continue to use the existing higher payment standard to calculate the amount of such assistance for the family for as long as the family continues to receive such assistance in the same dwelling unit.''. (b) Conforming Amendment.--Section 8(o)(1)(B) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(1)(B)) is amended by inserting after ``subsection (c)'' the following: ``(subject to subparagraph (F) of this paragraph)''. SEC. 9. SECTION 8 MANAGEMENT ASSESSMENT PROGRAM. (a) Definition.--In this section, the term ``Section 8 Management Assessment Program'' means the program set forth in part 985 of title 24, Code of Federal Regulations (or any successor regulation). (b) Deconcentration of Participating Dwelling Units.--The Secretary shall explore ways to reform and modernize the Section 8 Management Assessment Program to assess public housing agencies in a manner that promotes-- (1) positive interactions with landlords, including timely payment of rent and identification of the dwelling unit for which a subsidy payment is being made; and (2) an increase in the diversity of areas where dwelling units are leased to support voucher holders who want to access to low-poverty, integrated neighborhoods. (c) Rule of Construction.--Nothing in subsection (b) shall be construed to prevent the Secretary from-- (1) reforming the Section 8 Management Assessment Program to assess public housing agencies in other areas of performance; or (2) reforming the Section 8 Management Assessment Program in any other manner, at the discretion of the Secretary. SEC. 10. ANNUAL REPORT ON EFFECTIVENESS OF ACT. (a) Definitions.--In this section-- (1) the term ``appropriate congressional committees'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; (C) the Committee on Financial Services of the House of Representatives; and (D) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives; and (2) the term ``high-opportunity area''-- (A) shall be defined by the Secretary for purposes of this section; and (B) does not include any census tract in which the poverty rate is equal to or greater than 20 percent. (b) Report.--Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 total years, the Secretary shall submit to the appropriate congressional committees and make publicly available a report that-- (1) evaluates the effectiveness of this Act and the amendments made by this Act in recruiting and retaining landlords who accept vouchers under the Housing Choice Voucher program, particularly landlords with dwelling units in high- opportunity neighborhoods; and (2) includes-- (A) the number of landlords in the United States who accept housing choice vouchers under the Housing Choice Voucher program and the number of dwelling units assisted under the Housing Choice Voucher program; (B) any net changes to the number of landlords or dwelling units described in subparagraph (A) during the preceding year; (C) the number of landlords described in subparagraph (A) who own disability-accessible dwelling units assisted under the Housing Choice Voucher program and the number of those dwelling units; and (D) the number of landlords described in subparagraph (A) who own dwelling units assisted under the Housing Choice Voucher program in high-opportunity areas and the number of those dwelling units. &lt;all&gt; </pre></body></html>
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118S320
Stop the Wait Act of 2023
[ [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "sponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "S000033", "Sen. Sanders, Bernard [I-VT]", "cosponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "S000770", "Sen. Stabenow, Debbie [D-MI]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "R000122", "Sen. Reed, Jack [D-RI]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "cosponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "P000145", "Sen. Padilla, Alex [D-CA]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 320 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 320 To amend titles II and XVIII of the Social Security Act to eliminate the disability insurance benefits waiting period for individuals with disabilities, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Casey (for himself, Mrs. Murray, Mr. Sanders, Mr. Brown, Ms. Stabenow, Ms. Warren, Mr. Reed, Mr. Markey, Mrs. Shaheen, Ms. Hirono, Ms. Duckworth, and Mr. Padilla) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend titles II and XVIII of the Social Security Act to eliminate the disability insurance benefits waiting period for individuals with disabilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop the Wait Act of 2023''. SEC. 2. ELIMINATION OF DISABILITY WAITING PERIOD FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) Elimination of Waiting Period for Disability Insurance Benefits.--Section 223 of the Social Security Act (42 U.S.C. 423) is amended-- (1) in subsection (a)-- (A) in paragraph (1), in the matter following subparagraph (E)-- (i) by striking ``disability insurance benefit (i) for each month'' and all that follows through ``, or (iii)'' and inserting ``disability insurance benefit''; and (ii) by striking ``, but only if'' and all that follows through ``under such disability''; and (B) in paragraph (2), by striking ``as though he had attained age 62 in--'' and all that follows through ``such disability insurance benefits,'' and inserting ``as though the individual had attained age 62 in the first month for which the individual becomes entitled to such disability insurance benefits,''; and (2) in subsection (c)-- (A) in the subsection heading, by striking ``Definitions of Insured Status and Waiting Period'' and inserting ``Definition of Insured Status''; (B) by striking ``For purposes of this section'' and all that follows through ``in any month if--'' and inserting ``For purposes of this section, an individual shall be insured for disability insurance benefits in any month if--''; (C) by striking paragraph (2); (D) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively (and adjusting the margins accordingly); (E) in paragraph (2) (as so redesignated)-- (i) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; and (ii) in subparagraph (C) (as so redesignated), by striking ``clause (i)'' and inserting ``subparagraph (A)''; and (F) in the matter following subparagraph (C) (as so redesignated), by striking ``subparagraph (B) of this paragraph'' each place it appears and inserting ``this paragraph''. (b) Phase-Down of Waiting Period for Disability Insurance Benefits.--For purposes of applications for disability insurance benefits filed on or after the date of enactment of this Act and before January 1, 2028, section 223(c)(2) of the Social Security Act (42 U.S.C. 423(c)(2)) shall be applied by making the following substitutions: (1) For applications filed in calendar year 2023, 2024, or 2025, substitute ``three'' for ``five'' and ``fifteenth'' for ``seventeenth'' each place it appears. (2) For applications filed in calendar year 2026, substitute ``two'' for ``five'' and ``fourteenth'' for ``seventeenth'' each place it appears. (3) For applications filed in calendar year 2027, substitute ``one'' for ``five'' and ``thirteenth'' for ``seventeenth'' each place it appears. (c) Effective Date.--The amendments made by subsection (a) shall take effect on January 1, 2028, and apply with respect to applications for disability insurance benefits filed on or after January 1, 2028. (d) Conforming Amendments.--Effective January 1, 2028: (1) Section 223(a)(1)(A) of the Social Security Act (42 U.S.C. 423(a)(1)(A)) is amended by striking ``(c)(1)'' and inserting ``(c)''. (2) Section 7(d)(3) of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(d)(3)) is amended by striking ``223(c)(1)'' and inserting ``223(c)''. SEC. 3. MEDICARE ELIGIBILITY FOR CERTAIN INDIVIDUALS DURING WAITING PERIOD FOR SOCIAL SECURITY DISABILITY INSURANCE BENEFITS. (a) Elimination of Waiting Period for Certain Individuals Without Minimum Essential Coverage.-- (1) In general.--Section 226 the Social Security Act (42 U.S.C. 426) is amended by adding at the end the following new subsection: ``(j)(1) For purposes of applying this section in the case of an eligible individual described in paragraph (2), the following special rules shall apply: ``(A) Subsection (b)(2) shall be applied as if there were no requirement for any entitlement to benefits, or status, for a period of 24 months prior to receiving such benefits or status. ``(B) The entitlement under such subsection shall be available retroactively to the first day of the first month (rather than twenty-fifth month) of entitlement or status. ``(C) Subsection (f) shall not be applied. ``(2) For purposes of applying this section, an `eligible individual' is an individual, with respect to a month-- ``(A) who has not yet attained the age of 65; ``(B) who is entitled to benefits described in subparagraph (A) of subsection (b)(2); and ``(C) with respect to whom section 5000A(e)(1)(A) of the Internal Revenue Code of 1986 would apply if the reference to `8 percent' in such section were a reference to `8.5 percent'.''. (2) Conforming amendments.--Section 1811 of the Social Security Act (42 U.S.C. 1395c) is amended-- (A) by striking ``and'' at the end of paragraph (2); and (B) by inserting the following before the period at the end: ``, and (4) eligible individuals (as described in section 226(j)(2))''. (b) Special Enrollment Period and Coverage Application for Certain Individuals Without Minimum Essential Coverage.--Section 1837 of the Social Security Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection: ``(p)(1) In applying this section in the case of an eligible individual who is entitled to benefits under part A pursuant to the operation of section 226(j), the following special rules shall apply: ``(A) The initial enrollment period under subsection (d) shall begin on the first day of the first month in which the individual satisfies the requirement of section 1836(a)(1). ``(B) In applying subsection (g)(1), the initial enrollment period shall begin on the first day of the first month of entitlement to disability insurance benefits referred to in such subsection. ``(2) In applying this section in the case of an individual who became entitled to benefits under part A, but had not been entitled to such benefits for a period of 24 calendar months as of the date of enactment of the Stop the Wait Act of 2023, and is entitled to such benefits pursuant to the application of section 226(j), the initial enrollment period under subsection (d) for such individual shall begin on the first day of the first month following such date of enactment and shall end seven months later.''. &lt;all&gt; </pre></body></html>
[ "Social Welfare" ]
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118S321
Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023
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<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 321 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 321 To amend title 18, United States Code, to define intimate partner to include someone with whom there is or was a dating relationship, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Klobuchar (for herself, Mrs. Feinstein, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to define intimate partner to include someone with whom there is or was a dating relationship, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023''. SEC. 2. ADDRESSING INTIMATE PARTNER VIOLENCE. (a) Inclusion of Current and Former Dating Partners in Definition of ``Intimate Partner''.--Section 921(a) of title 18, United States Code, is amended-- (1) in paragraph (32)-- (A) by striking ``and an individual'' and inserting ``an individual''; and (B) by inserting before the period at the end the following: ``, an individual who is or was in a dating relationship with the person, or any other individual similarly situated to a spouse, including an individual who is protected by the domestic or family violence laws of the State or Tribal jurisdiction in which the abuse occurred or the victim resides''; (2) by striking paragraph (37)(A) and inserting the following: ``(37)(A) The term `dating relationship' means a relationship between individuals who have or have had, or in the case of a misdemeanor crime of domestic violence have or have recently had, a continuing serious relationship of a romantic or intimate nature.''; and (3) in paragraph (37)(C), by striking ``dating relationship'' and inserting ``continuing serious relationship''. (b) New Prohibitor for Misdemeanor Crimes of Stalking.--Chapter 44 of title 18, United States Code, is amended-- (1) in section 921(a), by adding at the end the following: ``(38)(A) Except as provided in subparagraphs (B) and (C), the term `misdemeanor crime of stalking' means an offense that-- ``(i) is a misdemeanor under Federal, State, Tribal, or local law; and ``(ii) has, as an element, a course of harassment, intimidation, or surveillance that-- ``(I) places a person in reasonable fear of actual harm to the health or safety of-- ``(aa) that person; ``(bb) an immediate family member (as defined in section 115) of that person; ``(cc) an individual who shares or has shared a residence with that person, without regard to whether the individual is related to that person; ``(dd) an intimate partner of that person; or ``(ee) the pet, service animal, or emotional support animal (as those terms are defined in section 2266) of that person; or ``(II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I). ``(B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless-- ``(i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and ``(ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either-- ``(I) the case was tried by a jury; or ``(II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. ``(C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.''; and (2) in section 922-- (A) in subsection (d)-- (i) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (ii) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of a misdemeanor crime of stalking;''; and (iii) in paragraph (12), as so redesignated, by striking ``(10)'' and inserting ``(11)''; and (B) in subsection (g)-- (i) in paragraph (8), by striking ``or'' at the end; (ii) in paragraph (9), by striking the comma at the end and inserting ``; or''; and (iii) by inserting after paragraph (9) the following: ``(10) has been convicted in any court of a misdemeanor crime of stalking,''. &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement" ]
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118S322
SWAT Act of 2023
[ [ "P000595", "Sen. Peters, Gary C. [D-MI]", "sponsor" ], [ "C001035", "Sen. Collins, Susan M. [R-ME]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ] ]
<p><b>Spotted Wing Abatement Trust Act of 2023 or the SWAT Act of 2023</b></p> <p>This bill directs the Animal and Plant Health Inspection Service to establish a fund for research relating to, and activities to mitigate the negative effects of, spotted wing drosophila. Spotted wing drosophila is an invasive species from East Asia that has caused significant damage to many valuable fruit crops in the United States, including raspberries, blackberries, blueberries, strawberries, peaches, plums, and cherries.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 322 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 322 To amend the Plant Protection Act to establish a fund for spotted wing drosophila research and mitigation. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Peters (for himself, Ms. Collins, Mr. Braun, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Plant Protection Act to establish a fund for spotted wing drosophila research and mitigation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Spotted Wing Abatement Trust Act of 2023'' or the ``SWAT Act of 2023''. SEC. 2. FINDINGS. Congress finds that-- (1) the spotted wing drosophila, an invasive species from East Asia, has caused significant damage to many valuable fruit crops in the United States, including raspberries, blackberries, blueberries, strawberries, peaches, plums, and cherries; and (2) the Department of Agriculture estimates that spotted wing drosophila account for a combined 20 percent revenue loss across strawberry, blueberry, raspberry, blackberry, and cherry crops, based on reported yield losses due to that species. SEC. 3. SPOTTED WING DROSOPHILA RESEARCH AND MITIGATION. Subtitle A of the Plant Protection Act (7 U.S.C. 7711 et seq.) is amended by adding at the end the following: ``SEC. 420A. SPOTTED WING DROSOPHILA RESEARCH AND MITIGATION. ``(a) In General.--The Administrator of the Animal and Plant Health Inspection Service (referred to in this section as the `Administrator') shall establish a fund within the Department of Agriculture to fund research relating to, and activities to mitigate the negative effects of, spotted wing drosophila. ``(b) Administration of Fund.--The Administrator shall-- ``(1) determine eligible recipients to enter into cooperative agreements with, or award grants to, using amounts in the fund established under subsection (a); and ``(2) oversee the activities carried out using amounts in that fund. ``(c) Authorization of Appropriations.--There is authorized to be appropriated for the fund established under subsection (a) $6,500,000 for the fiscal year in which the Spotted Wing Abatement Trust Act of 2023 is enacted and each of the 4 fiscal years thereafter.''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S323
SAFER Health Act of 2023
[ [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "sponsor" ], [ "B001267", "Sen. Bennet, Michael F. [D-CO]", "cosponsor" ], [ "G000555", "Sen. Gillibrand, Kirsten E. [D-NY]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "F000062", "Sen. Feinstein, Dianne [D-CA]", "cosponsor" ], [ "C001113", "Sen. Cortez Masto, Catherine [D-NV]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ], [ "W000790", "Sen. Warnock, Raphael G. [D-GA]", "cosponsor" ], [ "W000800", "Sen. Welch, Peter [D-VT]", "cosponsor" ], [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "cosponsor" ] ]
<p><b>Secure Access for Essential Reproductive Health Act of 2023 or the SAFER Health Act of 2023</b></p> <p>This bill prohibits health care providers and insurance plans from disclosing in a legal proceeding an individual's personal health information related to an abortion or pregnancy without the individual's valid authorization.</p> <p>The prohibition applies to federal, state, local, and tribal proceedings, including civil, criminal, administrative, and legislative proceedings. The bill provides limited exceptions such as if the information is necessary to investigate physical harm to the individual.</p> <p>Further, the Department of Health and Human Services must conduct an outreach campaign to inform covered entities and the public about the prohibition.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 323 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 323 To ensure the privacy of pregnancy termination or loss information under the HIPAA privacy regulations and the HITECH Act. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Hirono (for herself, Mr. Bennet, Mrs. Gillibrand, Ms. Warren, Mr. Wyden, Mr. Brown, Mrs. Feinstein, Ms. Cortez Masto, Ms. Duckworth, Mrs. Murray, and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To ensure the privacy of pregnancy termination or loss information under the HIPAA privacy regulations and the HITECH Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Secure Access for Essential Reproductive Health Act of 2023'' or the ``SAFER Health Act of 2023''. SEC. 2. ENSURING THE PRIVACY OF PREGNANCY TERMINATION OR LOSS INFORMATION UNDER THE HIPAA PRIVACY REGULATIONS AND THE HITECH ACT. (a) In General.-- (1) Prohibition on disclosure.--Subject to paragraph (2) and notwithstanding any regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191), a covered entity or a business associate of a covered entity may not disclose pregnancy termination or loss information of an individual in Federal, State, local, or Tribal proceedings, including civil, criminal, administrative, legislative, or other proceedings, without the valid authorization of the individual made in accordance with section 164.508 of title 45, Code of Federal Regulations (or a successor regulation). (2) Exceptions.--Paragraph (1) shall not apply in the case of a disclosure of pregnancy termination or loss information of an individual by a covered entity or a business associate of a covered entity if-- (A) the pregnancy termination or loss information is necessary for use in defense of a professional liability action or proceeding against the covered entity or business associate and the pregnancy termination or loss information is disclosed by-- (i) the covered entity or business associate to the covered entity's or business associate's attorney or professional liability insurer or insurer's agent; or (ii) the authorized attorney of the covered entity or business associate to a court or body hearing the action or proceeding; or (B)(i) the pregnancy termination or loss information is necessary to investigate physical harm to the individual by another person directly relating to the loss or termination of the pregnancy; and (ii) the individual is unable to provide consent due to death or incapacity. (b) HITECH.-- (1) Privacy exception.--The Secretary shall revise section 171.202 of title 45, Code of Federal Regulations, to clarify that an entity's practice of not fulfilling a request to access, exchange, or use electronic health information in order to comply with subsection (a) shall not be considered information blocking (as defined in section 171.103 of title 45, Code of Federal Regulations (or a successor regulation)) if the information is pregnancy termination or loss information. (2) Greater security.--The Secretary shall revise section 170.401 of title 45, Code of Federal Regulations, to require that as a condition of certification (as described in that section), a health IT developer (as so described) shall implement practices that allow for the segregation of data relating to pregnancy termination or loss information to ensure compliance with subsection (a). (c) Preemption; Modification of State Preemption Exceptions.-- (1) Preemption.-- (A) In general.--This section shall preempt any State law to the extent that the State law conflicts with or prevents application of this section. (B) Effect.--Nothing in subparagraph (A) shall be construed to preempt a State law to the extent that the State law provides greater privacy protections for pregnancy termination or loss information than provided under this section. (2) Modification.--The Secretary shall revise section 160.203 of title 45, Code of Federal Regulations, to ensure that no exception to the general preemption rule stated in that section applies with respect to pregnancy termination or loss information other than the exception described in paragraph (1)(B). (d) Outreach.--The Secretary shall conduct an outreach campaign to ensure that covered entities, business associates of covered entities, the public, and affected individuals are aware of the requirements of this section and any revisions to regulations made pursuant to this section. (e) Procedure.-- (1) Interim final rule.--Not later than 90 days after the date of enactment of this Act, the Secretary shall revise each regulation as required by this section through publication of an interim final rule in the Federal Register. (2) Final rule.--Not later than 270 days after the date on which an interim final rule is published under paragraph (1), the Secretary, after providing opportunity for public comment, shall publish in the Federal Register a final rule with such modifications as the Secretary determines appropriate. (f) Definitions.--In this section: (1) HIPAA terms.--The terms ``business associate'', ``covered entity'', and ``protected health information'' have the meanings given those terms in section 160.103 of title 45, Code of Federal Regulations (or a successor regulation). (2) Pregnancy termination or loss information.--The term ``pregnancy termination or loss information'' means protected health information of an individual that relates to information that could reveal having or seeking an abortion or care for pregnancy loss, including, without limitation, any request for, or receipt of, items, services, education, counseling, or referrals relating to the termination or loss of a pregnancy of the individual, including abortion, miscarriage, stillbirth, and ectopic pregnancy. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. &lt;all&gt; </pre></body></html>
[ "Health", "Abortion", "Administrative law and regulatory procedures", "Computers and information technology", "Department of Health and Human Services", "Federal preemption", "Health care costs and insurance", "Health information and medical records", "Health personnel", "Right of privacy", "Sex and reproductive health" ]
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118S324
STOP Neglected Diseases of Poverty Act
[ [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "sponsor" ] ]
<p><b>Study, Treat, Observe, and Prevent Neglected Diseases of Poverty Act or the STOP Neglected Diseases of Poverty Act</b></p> <p>This bill establishes a task force, a grant program, and other efforts to address neglected diseases of poverty in the United States. (Neglected diseases of poverty are chronic and disabling diseases that are caused by parasites, bacteria, and other pathogens and that primarily impact those living in extreme poverty, such as Chagas disease or hookworm infection.)</p> <p>Specifically, the Department of Health and Human Services must (1) establish an interagency task force to provide recommendations for addressing the diseases, (2) increase awareness among health care providers and the public about the diseases, and (3) support research into affordable vaccines and other therapeutics for the diseases. </p> <p>Additionally, the Centers for Disease Control and Prevention must provide grants to (1) states to implement surveillance systems for the diseases; and (2) federally qualified health centers to implement guidelines for the diagnosis, control, and treatment of the diseases.</p> <p>The bill also authorizes one or more centers of excellence for researching and developing methods to diagnose, prevent, control, and treat the diseases.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 324 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 324 To authorize the Secretary of Health and Human Services to carry out activities relating to neglected diseases of poverty. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To authorize the Secretary of Health and Human Services to carry out activities relating to neglected diseases of poverty. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Study, Treat, Observe, and Prevent Neglected Diseases of Poverty Act'' or the ``STOP Neglected Diseases of Poverty Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Neglected diseases of poverty, many of which are also known as ``neglected tropical diseases'', are a group of diseases that disproportionately affect vulnerable populations living in extreme poverty. (2) More than 1,000,000,000 people worldwide are affected by neglected diseases of poverty. (3) Neglected diseases of poverty can be transmitted-- (A) through contaminated food, water, and soil; (B) through parasites, insects, blood transfusion, and organ transplant; and (C) in some cases, congenitally. (4) Neglected diseases of poverty have a high rate of morbidity and mortality and can lead to health complications such as heart disease, epilepsy, asthma, blindness, developmental delays, stillbirth, low birthweight, and gastrointestinal disorders. (5) Some neglected diseases of poverty can be asymptomatic at the outset, but debilitating, dangerous, and deadly symptoms can emerge over time or under certain conditions, such as pregnancy. It is estimated that millions of people are living with these diseases and are not aware that they are infected. (6) For tens of thousands of individuals, diseases of poverty that are chronic and neglected can manifest into severe illness later in life. (7) Neglected diseases of poverty place a significant financial burden on affected individuals and communities due to the health care costs associated with these diseases and because these diseases limit individuals' productivity and ability to be active contributors to their communities. This burden could largely be prevented through early screening and treatment, which are highly cost effective. (8) Since its inception in 2006, the Neglected Tropical Diseases Program at the United States Agency for International Development and its partners, including the Centers for Disease Control and Prevention, have delivered more than 2,800,000,000 treatments to more than 1,400,000,000 people. (9) Due to the support provided by the United States Agency for International Development and its partners, 315,000,000 people live in regions where they are no longer at risk of contracting lymphatic filariasis, and 67,000,000 people live in regions where they are no longer at risk of contracting trachoma. (10) Although the exact prevalence and burden of these diseases in the United States is unknown because of stigma and limited reporting, surveillance, and awareness, one study estimates that there are 12,000,000 individuals living with at least one neglected disease of poverty throughout the country. These diseases disproportionately affect racial and ethnic minorities living in poverty and in regions where water quality and sanitation are substandard. (11) The major neglected diseases of poverty in the United States that predominantly occur among those living in poverty are the following: toxocariasis, cysticercosis, Chagas disease, toxoplasmosis, trichomoniasis, hookworm infection, and Dengue Fever and related arbovirus infections. (12) There is a lack of diagnostic and treatment programs, including for early diagnosis and treatment, for neglected diseases of poverty. These programs would be highly cost effective and would significantly reduce the burden of morbidity and mortality of these diseases. (13) Funding for research, preventive strategies, vaccines and the development of treatments, diagnostic tests, and other therapeutics for neglected diseases of poverty in the United States is limited. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that there is a need to study the prevalence and incidence of neglected diseases of poverty in the United States, identify preventive methods to combat neglected diseases of poverty, conduct research that will lead to more treatments and diagnostic tests for neglected diseases of poverty, and supply health care providers, public health professionals, and affected individuals and communities with educational resources on neglected diseases of poverty. SEC. 4. DEFINITION OF NEGLECTED DISEASES OF POVERTY. In this Act, the term ``neglected diseases of poverty'' has the meaning given such term in section 399OO(e) of the Public Health Service Act, as added by section 5. SEC. 5. PROGRAMS RELATING TO NEGLECTED DISEASES OF POVERTY. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART W--PROGRAMS RELATING TO NEGLECTED DISEASES OF POVERTY IN THE UNITED STATES ``SEC. 399OO. INTERAGENCY TASK FORCE ON NEGLECTED DISEASES OF POVERTY IN THE UNITED STATES. ``(a) Establishment.--Not later than 180 days after the date of enactment of the Study, Treat, Observe, and Prevent Neglected Diseases of Poverty Act, the Secretary shall establish an Interagency Task Force on Neglected Diseases of Poverty in the United States to provide advice and recommendations to the Secretary and Congress to prevent, diagnose, and treat neglected diseases of poverty in the United States. ``(b) Members.--The task force shall be comprised of representatives of-- ``(1) the Department of Health and Human Services, including the Assistant Secretary for Health and representatives from the Centers for Disease Control and Prevention, the Food and Drug Administration, the Health Resources and Services Administration, the National Institutes of Health, and the Biomedical Advanced Research and Development Authority; ``(2) the Department of State; ``(3) the United States Agency for International Development; ``(4) the Department of Agriculture; ``(5) the Department of Housing and Urban Development; ``(6) the Environmental Protection Agency; and ``(7) any other Federal agency that has jurisdiction over, or is affected by, neglected diseases of poverty policies and projects, as determined by the Secretary. ``(c) Initial Report.-- ``(1) In general.--Not later than 180 days after the date of enactment of the Study, Treat, Observe, and Prevent Neglected Diseases of Poverty Act, the task force shall submit a report to the Secretary based on a review of relevant literature to identify gaps in efforts, and guide future efforts, to prevent, diagnose, and treat neglected diseases of poverty in the United States, particularly toxocariasis, cysticercosis, Chagas disease, toxoplasmosis, trichomoniasis, hookworm infection, and Dengue Fever and related arbovirus infections. The report shall include a summary of findings with respect to-- ``(A) estimated prevalence of neglected diseases of poverty in the United States; ``(B) geographic distribution and major distribution routes of neglected diseases of poverty in the United States; ``(C) disparities with respect to the burden of neglected diseases of poverty in the United States; ``(D) risk factors for neglected diseases of poverty in the United States; ``(E) existing tools for surveillance, prevention, diagnosis, and treatment of neglected diseases of poverty in the United States; ``(F) current patient pathways and barriers to access information and tools for surveillance, prevention, testing, diagnosis, and treatment of neglected diseases of poverty in the United States; ``(G) comorbidities associated with neglected diseases of poverty in the United States; ``(H) awareness among health care providers and public health professionals regarding neglected diseases of poverty in the United States; ``(I) public awareness of neglected diseases of poverty in the United States, particularly among high- risk groups; ``(J) the economic burden of neglected diseases of poverty in the United States; and ``(K) strategies and lessons learned from the United States Agency for International Development Neglected Tropical Diseases Program, particularly those that are most applicable to efforts to prevent, diagnose, and treat neglected diseases of poverty in the United States. ``(2) Consultation.--In developing the initial report under paragraph (1), the task force shall consult with appropriate external parties, including States, local communities, scientists, researchers, health care providers, individuals diagnosed with a neglected disease of poverty, public health professionals, and national and international nongovermental organizations. ``(d) Duties.--The task force shall-- ``(1) review and evaluate the current actions and future plans of each applicable agency represented on the task force as described in subsection (b) to prevent, diagnose, and treat neglected diseases of poverty in the United States; ``(2) identify current and potential areas of partnership and coordination between Federal agencies and develop a unified implementation plan to prevent, diagnose, and treat neglected diseases of poverty in the United States; ``(3) make efforts to apply applicable strategies and lessons learned from the United States Agency for International Development Neglected Tropical Diseases Program when developing the implementation plan under paragraph (2); ``(4) establish specific goals within and across Federal agencies to prevent, diagnose, and treat neglected diseases of poverty in the United States, including metrics to assess progress towards reaching those goals; ``(5) coordinate plans to communicate research and relevant accomplishments across Federal agencies and with States and local communities relating to the prevention, diagnosis, and treatment of neglected diseases of poverty; ``(6) develop consensus guidelines for health care providers and public health professionals for the prevention, diagnosis, and treatment of toxocariasis, cysticercosis, Chagas disease, toxoplasmosis, trichomoniasis, hookworm infection, Dengue Fever and related arbovirus infections, and other neglected diseases of poverty; ``(7) biannually make recommendations to Congress on strategies for the development of affordable tools to prevent, diagnose, and treat neglected diseases of poverty, including drugs, diagnostics, and vaccines; and ``(8) in developing the guidelines and recommendations under paragraphs (6) and (7), consult with external parties, including States, local communities, scientists, researchers, health care providers and public health professionals, national and international nongovernmental organizations, and centers of excellence with expertise in neglected diseases of poverty, including the centers of excellence described in section 399OO- 5. ``(e) Definition of Neglected Diseases of Poverty.--In this part, the term `neglected diseases of poverty'-- ``(1) means chronic and disabling diseases that are caused by parasites, bacteria, and other pathogens and that primarily impact people living in extreme poverty; and ``(2) includes the following: ``(A) Chagas disease. ``(B) Cysticercosis. ``(C) Toxocariasis. ``(D) Toxoplasmosis. ``(E) Trichomoniasis. ``(F) Hookworm infection. ``(G) Dengue Fever and related arbovirus infections. ``(H) Other neglected tropical diseases, including those defined by the World Health Organization, such as the following: ``(i) Buruli ulcer. ``(ii) Chikungunya. ``(iii) Dracunculiasis. ``(iv) Echinococcosis. ``(v) Foodborne trematodiases. ``(vi) Human African trypanosomiasis. ``(vii) Leishmaniases. ``(viii) Leprosy. ``(ix) Lymphatic filariasis. ``(x) Mycetoma. ``(xi) Onchocerciasis. ``(xii) Rabies. ``(xiii) Schistosomiasis. ``(xiv) Soil-transmitted helminthiases. ``(xv) Taeniasis and neurocysticercosis. ``(xvi) Trachoma. ``(xvii) Yaws. ``SEC. 399OO-1. SURVEILLANCE REGARDING NEGLECTED DISEASES OF POVERTY IN THE UNITED STATES. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to States to carry out activities relating to implementing a surveillance system to determine the prevalence, incidence, and distribution of neglected diseases of poverty, particularly those that most impact individuals in the United States, including toxocariasis, cysticercosis, Chagas disease, toxoplasmosis, trichomoniasis, hookworm infection, and Dengue Fever and related arbovirus infections. ``(b) Considerations.--In awarding grants under subsection (a), the Secretary shall use the findings in the initial report of the Interagency Task Force on Neglected Diseases of Poverty in the United States under section 399OO(c) to identify and prioritize geographic locations and communities that have the highest estimated prevalence of, or have populations at greatest risk of acquiring, neglected diseases of poverty, particularly those described in subsection (a). ``SEC. 399OO-2. SUPPORT FOR INDIVIDUALS AT RISK FOR NEGLECTED DISEASES OF POVERTY. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants or cooperative agreements to Federally qualified health centers to implement and analyze the guidelines developed under section 399OO(d)(6). ``(b) Initial Awards.--The Secretary shall-- ``(1) using the findings in the initial report of the Interagency Task Force on Neglected Diseases of Poverty in the United States under section 399OO(c), identify the geographic locations in the United States that have the highest estimated prevalence of, or have populations at greatest risk of acquiring, neglected diseases of poverty, particularly those that most impact individuals in the United States, including toxocariasis, cysticercosis, Chagas disease, toxoplasmosis, trichomoniasis, hookworm infection, and Dengue Fever and related arbovirus infections; and ``(2) prioritize Federally qualified health centers located in such geographic locations in awarding initial grants or cooperative agreements under subsection (a). ``(c) Definition of Federally Qualified Health Center.--In this section, the term `Federally qualified health center' has the meaning given the term in section 1861(aa) of the Social Security Act. ``SEC. 399OO-3. EDUCATION OF MEDICAL AND PUBLIC HEALTH PERSONNEL AND THE PUBLIC REGARDING NEGLECTED DISEASES OF POVERTY IN THE UNITED STATES. ``The Secretary shall consult with the Assistant Secretary for Health, the Director of the Centers for Disease Control and Prevention, and the Administrator of the Health Resources and Services Administration, professional organizations and societies, and such other public health officials as may be necessary, including the centers of excellence described in section 399OO-5, to-- ``(1) develop and implement educational programs to increase the awareness of health care providers and public health professionals with respect to the risk factors, signs, and symptoms of neglected diseases of poverty and strategies to prevent, diagnose, and treat such diseases; and ``(2) develop and implement educational programs to increase the awareness of the public with respect to the risk factors, signs, and symptoms of neglected diseases of poverty and strategies to prevent such diseases. ``SEC. 399OO-4. RESEARCH AND DEVELOPMENT OF NEW DRUGS, VACCINES, AND DIAGNOSTICS. ``Consistent with the recommendations of the Interagency Task Force on Neglected Diseases of Poverty in the United States established under section 399OO, the Secretary shall, directly or through awards of grants or cooperative agreements to public or private entities, provide for the conduct of research, investigations, experiments, demonstrations, and studies, including late-stage and translational research, in the health sciences that are related to-- ``(1) the development of affordable therapeutics, including vaccines, against neglected diseases of poverty; and ``(2) the development of affordable medical point-of-care diagnostics to detect neglected diseases of poverty. ``SEC. 399OO-5. NEGLECTED DISEASES OF POVERTY CENTERS OF EXCELLENCE. ``(a) Establishment.--The Secretary, acting jointly through the Director of the National Institutes of Health, may enter into cooperative agreements with, and make grants to, public or private nonprofit entities to pay all or part of the cost of planning, establishing, or strengthening, and providing basic operating support for, one or more centers of excellence for research into, training in, and development of diagnosis, prevention, control, and treatment methods for neglected diseases of poverty in the United States, including tools to support prevention. ``(b) Eligibility.--To be eligible to receive a cooperative agreement or grant under subsection (a), an entity shall have a demonstrated record of research on neglected diseases of poverty. ``(c) Coordination.--The Secretary shall ensure that activities under this section are coordinated with similar activities of the Federal Government relating to neglected diseases of poverty, including the task force established under section 399OO. ``(d) Use of Funds.--A cooperative agreement or grant awarded under subsection (a) may be used for-- ``(1) staffing, administrative, and other basic operating costs, including such patient care costs as are required for research; ``(2) clinical training, including training for allied health professionals, continuing education for health professionals and allied health professions personnel, and information programs for the public with respect to neglected diseases of poverty; ``(3) research and development programs, including the end- to-end research and development of new treatments, diagnostics, and vaccines; ``(4) epidemiological surveillance and transmission studies capabilities; and ``(5) health education programs to raise awareness and reduce stigma of neglected diseases of poverty among high-risk populations. ``(e) Period of Support; Additional Periods.-- ``(1) In general.--A cooperative agreement or grant under this section may be provided for a period of not more than 5 years. ``(2) Extensions.--The period specified in paragraph (1) may be extended by the Secretary for additional periods of not more than 5 years if-- ``(A) the operations of the center of excellence involved have been reviewed by an appropriate technical and scientific peer review group; and ``(B) such group has recommended to the Secretary that such period be extended. ``SEC. 399OO-6. AUTHORIZATION OF APPROPRIATIONS. ``To carry out this part, there are authorized to be appropriated such sums as may be necessary for fiscal year 2024 and each fiscal year thereafter.''. &lt;all&gt; </pre></body></html>
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118S325
Supreme Court Ethics Act
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<p><b>Supreme Court Ethics Act</b></p> <p>This bill establishes a new statutory requirement for the Judicial Conference of the United States to issue a judicial code of conduct for judges and justices of U.S. courts, including Justices of the Supreme Court. Currently, the Judicial Conference issues a code of conduct for judges of U.S. courts (but not for Justices of the Supreme Court).</p> <p>To enforce the code of conduct for Justices of the Supreme Court, the bill requires the Supreme Court to appoint an ethics investigations counsel. The ethics investigations counsel must</p> <ul type="disc"> <li>adopt rules to enforce the code of conduct, including a process to receive public complaints of potential violations;</li> <li>investigate complaints; and</li> <li>issue an annual public report describing the complaints and the steps taken to address the complaints.</li> </ul> <p>Finally, the bill requires a Justice of the Supreme Court to publicly disclose the reasons for disqualifying himself or herself in a proceeding or the reasons for denying a motion to disqualify himself or herself in a proceeding.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 325 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 325 To amend title 28, United States Code, to provide for a code of conduct for justices and judges of the courts of the United States, establish an ethics investigations counsel, and require disclosure of recusals. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Murphy (for himself, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Mr. Brown, Mr. Cardin, Mr. Carper, Mr. Casey, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. Fetterman, Mr. Hickenlooper, Ms. Klobuchar, Mr. Lujan, Mr. Markey, Mr. Merkley, Mrs. Murray, Mr. Peters, Mr. Sanders, Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Mr. Wyden, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 28, United States Code, to provide for a code of conduct for justices and judges of the courts of the United States, establish an ethics investigations counsel, and require disclosure of recusals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Supreme Court Ethics Act''. SEC. 2. CODE OF CONDUCT. (a) In General.--Chapter 57 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 964. Code of conduct ``Not later than 1 year after the date of the enactment of this section, the Judicial Conference of the United States shall issue a code of conduct, which applies to each justice and judge of the courts of the United States, except that the code of conduct may include provisions that are applicable only to certain categories of judges or justices.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 57 of title 28, United States Code, is amended by adding after the item related to section 963 the following: ``964. Code of conduct.''. SEC. 3. ESTABLISHMENT OF ETHICS INVESTIGATIONS COUNSEL AND REPORTING PROTOCOL. (a) In General.--Not later than 90 days after the date on which the Judicial Conference of the United States issues a code of conduct under section 964 of title 28, United States Code, as added by section 2(a) of this Act, the Supreme Court of the United States shall appoint and fix the compensation of an Ethics Investigations Counsel who shall adopt rules providing for the enforcement of the code of conduct, including a process to receive from the public information about potential violations of the code of conduct by justices of the Supreme Court. (b) Term.--The Ethics Investigation Counsel shall serve a term of 4 years. (c) Removal.--The Ethics Investigation Counsel may be removed for cause by the Supreme Court of the United States. (d) Process.--The process shall include the establishment of a method for the submission of the information described in subsection (a) in electronic form. (e) Investigations.--The Ethics Investigations Counsel appointed under this section shall conduct investigations into potential violations of the code of conduct described in section 964 of title 28, United States Code, as added by section 2(a) of this Act, and other conduct prejudicial to the ethical, effective, and expeditious administration of the business of the Supreme Court of the United States. (f) Assistants.--The Ethics Investigations Counsel appointed under this section may, with the approval of the Chief Justice of the United States, appoint necessary assistants and fix their compensation. (g) Report.--The Ethics Investigations Counsel appointed under this section shall issue an annual public report describing the complaints described in subsection (a) and any steps taken to investigate, resolve, or rehabilitate the conduct detailed in the complaint. SEC. 4. RECUSAL OF JUSTICES. (a) In General.--In any case in which a justice of the Supreme Court of the United States disqualifies himself or herself in a proceeding under section 455 of title 28, United States Code, the justice shall disclose in the public record of the proceeding the reasons for the disqualification. (b) Denial of Motion To Disqualify.--If a justice of the Supreme Court of the United States denies a motion brought by a party to a proceeding before the Court that the justice should be disqualified in the proceeding under section 455 of title 28, United States Code, the justice shall disclose in the public record of the proceeding the reasons for the denial of the motion. &lt;all&gt; </pre></body></html>
[ "Law", "Employee performance", "Government ethics and transparency, public corruption", "Government information and archives", "Government studies and investigations", "Judges", "Supreme Court" ]
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118S326
VA Medicinal Cannabis Research Act of 2023
[ [ "T000464", "Sen. Tester, Jon [D-MT]", "sponsor" ], [ "S001198", "Sen. Sullivan, Dan [R-AK]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "F000479", "Sen. Fetterman, John [D-PA]", "cosponsor" ], [ "Y000064", "Sen. Young, Todd [R-IN]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "H000273", "Sen. Hickenlooper, John W. [D-CO]", "cosponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "K000377", "Sen. Kelly, Mark [D-AZ]", "cosponsor" ], [ "R000608", "Sen. Rosen, Jacky [D-NV]", "cosponsor" ] ]
<p><b>VA Medicinal Cannabis Research Act of 2023</b></p> <p>This bill requires the Department of Veterans Affairs (VA) to study the effects of cannabis on veterans who are enrolled in the VA health care system and have been diagnosed with post-traumatic stress disorder (PTSD) or chronic pain (i.e., eligible veterans).</p> <p>First, the bill requires the VA to conduct an observational, 18-month study on the effects of cannabis on the health outcomes of eligible veterans. The VA must report on the study and address whether it is able to meet criteria necessary to conduct clinical trials.</p> <p>Then, if the VA determines that it is able to proceed, it must carry out a series of clinical trials on the effects of cannabis appropriate for investigational use, as determined by the Food and Drug Administration, on the outcomes of eligible veterans. The VA must carry out a long-term observational study of the clinical trial participants.</p> <p>The VA may terminate the trials if it is unable to meet clinical guideline requirements or the trials would create excessive risk to participants.</p> <p>The VA must ensure that the study and trials are representative of the demographics of veterans in the United States, as determined by the most recent data from the American Community Survey of the Bureau of the Census.</p> <p>The study and trials must include mechanisms to ensure data preservation and registration as necessary (in an anonymous form).</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 326 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 326 To direct the Secretary of Veterans Affairs to carry out a study and clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Tester (for himself and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To direct the Secretary of Veterans Affairs to carry out a study and clinical trials on the effects of cannabis on certain health outcomes of veterans with chronic pain and post-traumatic stress disorder, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``VA Medicinal Cannabis Research Act of 2023''. SEC. 2. DEFINITIONS. In this Act: (1) Covered veteran.--The term ``covered veteran'' means a veteran who is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of Veterans Affairs. SEC. 3. DEPARTMENT OF VETERANS AFFAIRS LARGE-SCALE, MIXED METHODS, RETROSPECTIVE QUALITATIVE STUDY ON THE EFFECTS OF CANNABIS ON CERTAIN HEALTH OUTCOMES OF VETERANS WITH CHRONIC PAIN AND POST-TRAUMATIC STRESS DISORDER. (a) Study Required.-- (1) In general.--The Secretary, through the Office of Research and Development of the Department of Veterans Affairs, shall carry out a large-scale, mixed methods, retrospective, and qualitative study on the effects of cannabis on the health outcomes of covered veterans diagnosed with chronic pain and covered veterans diagnosed with post-traumatic stress disorder. (2) Observational study.--The study required by paragraph (1) shall be conducted as an observational study on the effects of cannabis use on the health of covered veterans. (3) Elements.-- (A) In general.--The study required by paragraph (1) shall-- (i) triangulate a range of data sources; (ii) compare the positive and negative health outcomes of covered veterans who use cannabis, utilizing outcomes that can be measured in an electronic health record of the Department and through data sets of the Department relating to claims for benefits under the laws administered by the Secretary; (iii) elicit the positive and negative outcomes of cannabis use for covered veterans through semi-structured interviews; (iv) estimate current and future health system needs to address positive and negative outcomes of cannabis use for covered veterans; (v) include a qualitative, open-ended survey provided to covered veterans who have sought care from the Department for chronic pain or post-traumatic stress disorder during the five-year period preceding the survey; and (vi) include an assessment of-- (I) all records within the Veterans Health Administration for covered veterans participating in the study; and (II) all records within the Veterans Benefits Administration for covered veterans participating in the study. (B) Health outcomes.--A comparison of health outcomes under subparagraph (A)(ii) shall include an assessment of the following: (i) The reduction or increase in opiate use or dosage. (ii) The reduction or increase in benzodiazepine use or dosage. (iii) The reduction or change in use of other types of medication. (iv) The reduction or increase in alcohol use. (v) The reduction or increase in the prevalence of substance abuse disorders. (vi) Sleep quality. (vii) Osteopathic pain (including pain intensity and pain-related outcomes). (viii) Agitation. (ix) Quality of life. (x) Mortality and morbidity. (xi) Hospital readmissions. (xii) Any newly developed or exacerbated health conditions, including mental health conditions. (b) Implementation.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall commence the implementation of the study required by subsection (a)(1). (c) Duration of Study.--The study required by subsection (a)(1) shall be carried out for an 18-month period. (d) Report.-- (1) In general.--Not later than 90 days after the completion of the study required by subsection (a)(1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the study. (2) Ability to conduct clinical trials.--The Secretary shall include in the report required by paragraph (1) an assessment of whether the Secretary is able to meet the criteria necessary to conduct the clinical trials required under section 4, including consideration of subsection (e)(1) of such section. SEC. 4. DEPARTMENT OF VETERANS AFFAIRS CLINICAL TRIALS ON THE EFFECTS OF CANNABIS ON CERTAIN HEALTH OUTCOMES OF VETERANS WITH CHRONIC PAIN AND POST-TRAUMATIC STRESS DISORDER. (a) Clinical Trials Required.-- (1) In general.--If the Secretary indicates in the report required by section 3(d) that the Secretary is able to meet the criteria necessary to proceed to clinical trials, commencing not later than 180 days after the submittal of that report, the Secretary shall carry out a series of clinical trials on the effects of cannabis appropriate for investigational use, as determined by the Food and Drug Administration under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)), on the health outcomes of covered veterans diagnosed with chronic pain and covered veterans diagnosed with post- traumatic stress disorder. (2) Considerations.--The clinical trials required by paragraph (1) shall include, as appropriate, an evaluation of key symptoms, clinical outcomes, and conditions associated with chronic pain and post-traumatic stress disorder, which may include-- (A) with respect to covered veterans diagnosed with chronic pain, an evaluation of the effects of the use of cannabis on-- (i) osteopathic pain (including pain intensity and pain-related outcomes); (ii) the reduction or increase in opioid use or dosage; (iii) the reduction or increase in benzodiazepine use or dosage; (iv) the reduction or increase in alcohol use; (v) the reduction or increase in the prevalence of substance use disorders; (vi) inflammation; (vii) sleep quality; (viii) agitation; (ix) quality of life; (x) exacerbated or new mental health conditions; and (xi) suicidal ideation. (B) with respect to covered veterans diagnosed with post-traumatic stress disorder, an evaluation of the effects of the use of cannabis on-- (i) the symptoms of post-traumatic stress disorder (PTSD) as established by or derived from the clinician administered PTSD scale, the PTSD checklist, the PTSD symptom scale, the post-traumatic diagnostic scale, and other applicable methods of evaluating symptoms of post-traumatic stress disorder; (ii) the reduction or increase in benzodiazepine use or dosage; (iii) the reduction or increase in alcohol use; (iv) the reduction or increase in the prevalence of substance use disorders; (v) mood; (vi) anxiety; (vii) social functioning; (viii) agitation; (ix) suicidal ideation; and (x) sleep quality, including frequency of nightmares and night terrors. (3) Optional elements.--The clinical trials required by paragraph (1) may include, as appropriate, an evaluation of the effects of the use of cannabis to treat chronic pain and post- traumatic stress disorder on other symptoms, clinical outcomes, and conditions not covered by paragraph (2), which may include-- (A) pulmonary function; (B) cardiovascular events; (C) head, neck, and oral cancer; (D) testicular cancer; (E) ovarian cancer; (F) transitional cell cancer; (G) intestinal inflammation; (H) motor vehicle accidents; or (I) spasticity. (b) Long-Term Observational Study.--The Secretary may carry out a long-term observational study of the participants in the clinical trials required by subsection (a). (c) Type of Cannabis.-- (1) In general.--In carrying out the clinical trials required by subsection (a), the Secretary shall study varying forms of cannabis, including whole plant raw material and extracts, and may study varying routes of administration. (2) Plant cultivars.--Of the varying forms of cannabis required under paragraph (1), the Secretary shall study plant cultivars with varying ratios of tetrahydrocannabinol to cannabidiol. (d) Implementation.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall-- (1) develop a plan to implement this section and submit such plan to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives; and (2) issue any requests for proposals the Secretary determines appropriate for such implementation. (e) Termination of Clinical Trials.-- (1) Clinical guideline requirements or excessive risk.--The Secretary may terminate the clinical trials required by subsection (a) if the Secretary determines that the Department of Veterans Affairs is unable to meet clinical guideline requirements necessary to conduct such trials or the clinical trials would create excessive risk to participants. (2) Completion upon submittal of final report.--The Secretary may terminate the clinical trials required by subsection (a) upon submittal of the final report required under subsection (f)(2). (f) Reports.-- (1) Periodic reports.--During the five-year period beginning on the date of the commencement of clinical trials required by subsection (a), the Secretary shall submit periodically, but not less frequently than annually, to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives reports on the implementation of this section. (2) Final report.--Not later than one year after the completion of the five-year period specified in paragraph (1), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a final report on the implementation of this section. SEC. 5. ADMINISTRATION OF STUDY AND CLINICAL TRIALS. (a) Demographic Representation.--In carrying out the study required by section 3 and the clinical trials required by section 4, the Secretary shall ensure representation in such study and trials of demographics that represent the population of veterans in the United States, as determined by the most recently available data from the American Community Survey of the Bureau of the Census. (b) Data Preservation.--The Secretary shall ensure that the study required by section 3 and the clinical trials required by section 4 include a mechanism to ensure-- (1) the preservation of all data, including all data sets and survey results, collected or used for purposes of such study and trials in a manner that will facilitate further research; and (2) registration of such data in the database of privately and publicly funded clinical studies maintained by the National Library of Medicine (or successor database). (c) Anonymous Data.--The Secretary shall ensure that data relating to any study or clinical trial conducted under this Act is anonymized and cannot be traced back to an individual patient. (d) Effect on Other Benefits.--The eligibility or entitlement of a covered veteran to any other benefit under the laws administered by the Secretary or any other provision of law shall not be affected by the participation of the covered veteran in the study under section 3, a clinical trial under section 4(a), or a study under section 4(b). (e) Effect on Other Laws.--Nothing in this Act shall affect or modify-- (1) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); (2) section 351 of the Public Health Service Act (42 U.S.C. 262); or (3) the authority of the Commissioner of Food and Drugs and the Secretary of Health and Human Services-- (A) under-- (i) the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); or (ii) section 351 of the Public Health Service Act (42 U.S.C. 262); or (B) to promulgate Federal regulations and guidelines pertaining to cannabidiol, marijuana, or other subject matter addressed in this Act. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Alternative treatments", "Congressional oversight", "Drug trafficking and controlled substances", "Government studies and investigations", "Health information and medical records", "Medical research", "Mental health", "Neurological disorders", "Veterans' medical care" ]
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118S327
A bill to make 5 percent across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025.
[ [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 327 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 327 To make 5 percent across-the-board rescissions in non-defense, non- homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on Appropriations _______________________________________________________________________ A BILL To make 5 percent across-the-board rescissions in non-defense, non- homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ACROSS-THE-BOARD RESCISSIONS IN NON-DEFENSE, NON-HOMELAND- SECURITY, AND NON-VETERANS-AFFAIRS DISCRETIONARY SPENDING FOR EACH OF FISCAL YEARS 2024 AND 2025. (a) Across-the-Board Rescissions.--There is hereby rescinded an amount equal to 5 percent of-- (1) the budget authority provided (or obligation limitation imposed) in each of fiscal years 2024 and 2025 for any non- defense, non-homeland-security, and non-veterans-affairs discretionary account in any fiscal year 2024 or 2025 appropriation Act; (2) the budget authority provided in any advance appropriation for each of fiscal years 2024 and 2025 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in each of fiscal years 2024 and 2025 for any program that is subject to a limitation contained in any fiscal year 2024 or 2025 appropriation Act for any non-defense, non-homeland-security, and non-veterans- affairs discretionary account. (b) Non-Defense, Non-Homeland-Security, and Non-Veterans-Affairs Discretionary Account.--For purposes of subsection (a), the term ``non- defense, non-homeland-security, and non-veterans-affairs discretionary account'' means any discretionary account, other than-- (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account of the Department of Defense or the Department of Veterans Affairs included in a Military Construction and Veterans Affairs and Related Agencies Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development and Related Agencies Appropriations Act. (c) Proportionate Application.--Any rescission made by subsection (a) shall be applied proportionately-- (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent Appropriation Laws.--In the case of any fiscal year 2024 or 2025 appropriation Act enacted after the date of enactment of this Act, any rescission required by subsection (a) shall take effect immediately after the enactment of such appropriation Act. (e) OMB Report.--Within 30 days after the date of enactment of this Act (or, in the case of any fiscal year 2024 or 2025 appropriation Act enacted after the date of enactment of this Act, 30 days after the date of enactment of such appropriation Act), the Director of the Office of Management and Budget shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report specifying the account and amount of each rescission made pursuant to subsection (a). &lt;all&gt; </pre></body></html>
[ "Economics and Public Finance" ]
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118S328
Read the Bills Act
[ [ "P000603", "Sen. Paul, Rand [R-KY]", "sponsor" ] ]
<p><b>Read the Bills Act</b></p> <p>This bill establishes requirements relating to the introduction and consideration of any bill or resolution in either chamber of Congress.</p> <p>Specifically, the bill requires any measure introduced in either chamber to contain a provision citing the specific powers granted to Congress in the Constitution to enact the proposed measure, including all of its provisions. Further, the text must also set forth the current law such measure is amending and the proposed modifications to the law.</p> <p>Additionally, a vote on final passage of a measure (except private bills) may not occur in either chamber unless (1) the full text of the measure is published on an official website of each chamber at least seven days before the vote, (2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the respective website at least six days before the Monday of such week, and (3) there is a reading of its full text verbatim by the Clerk of the House of Representatives or the Secretary of the Senate to the respective chamber.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 328 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 328 To preserve the constitutional authority of Congress and ensure accountability and transparency in legislation. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Rules and Administration _______________________________________________________________________ A BILL To preserve the constitutional authority of Congress and ensure accountability and transparency in legislation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Read the Bills Act''. SEC. 2. CONSTITUTIONAL AUTHORITY STATEMENT. (a) In General.--This Act is enacted pursuant to the power conferred by the Constitution of the United States upon each House of Congress by-- (1) article I, section 5, clauses 2 and 3 to determine the rules and keep a journal of its proceedings, respectively; (2) article I, section 7, clause 2 to ensure that bills that become law have been actually passed by, not just passed through, each House of Congress; and (3) article I, section 8, clause 18, which authorizes Congress to make all laws that are necessary and proper for carrying into execution the rules of each House of Congress. (b) Standing Provision.--The provision of this Act under which any person who is aggrieved by the enforcement of any law enacted either in violation of the rules of proceedings of either House of Congress, or by the suspension of the rules, as prescribed herein, shall have standing in a court of law, is enacted pursuant to article III, section 2 of the Constitution of the United States. SEC. 3. FINDINGS. Congress finds the following: (1) The Constitution of the United States vests all legislative powers granted therein in Congress. (2) Each Member of Congress is elected by the people to whom the Member is accountable, and Members must represent the people of their respective State or District in exercising their legislative powers. (3) Establishing a Government of enumerated powers, article I, section 1 of the Constitution of the United States obliges Congress to exercise only those legislative powers provided for in the Constitution of the United States, and article VI of the Constitution of the United States requires that each Member of Congress be bound by oath or affirmation to support the Constitution of the United States by enacting only those laws, and making only those resolutions, that are pursuant to the Constitution of the United States and not prohibited thereby. (4) To ensure that Congress is politically and legally accountable to the people, article I, section 5 of the Constitution of the United States requires each House of Congress to keep a journal of its proceedings and from time to time publish the same. (5) To ensure that no legislation is passed without effective representation of the interests of the people by the elected Members of Congress, article I, section 7 of the Constitution of the United States provides that only a bill ``which shall have passed the House of Representatives and the Senate,'' and not vetoed by the President, shall ``become a law''. (6) According to section I of the Manual of Parliamentary Practice for the Use of the Senate of the United States, written by Thomas Jefferson in 1801 (referred to in this section as ``Jefferson's Manual''), ``nothing tended more to throw power into the hands of administration and those who acted with the majority . . . than a neglect of, or departure from, the rules of proceeding [which] operated as a check and control of the actions of the majority [and] a shelter and protection to the minority''. (7) According to sections XXII and XL of Jefferson's Manual, it was the rule of the Senate that every bill receive 3 readings, 2 full readings by the Clerk of the Senate, and a third reading of the title of the bill only, because ``every Member of the Senate had a printed copy [of the bill] in his hand.''. (8) According to sections XXIV, XXV, and XL of Jefferson's Manual, it was the rule of the House of Representatives, following the parliamentary procedure of the English House of Commons, that every bill receive 2 full readings by the Clerk of the House of Representatives, and a reading of the whole contents of the bill verbatim by the Speaker of the House of Representatives before the House of Representatives voted on the bill. (9) Under the current rules of the Senate, the Senate has departed from its original practice of a full first and second reading of each bill, and of ensuring that each Senator has a printed or other verbatim copy of each bill before passage thereof, having by rule XIV of the Standing Rules of the Senate limited each reading of a bill to the reading of the title of the bill only, unless the Senate in any case shall otherwise order. (10) Under the current rules of the House of Representatives, the House of Representatives has by rule XVI (8) and rule XVIII (5) embraced its original practice of full first and second readings of each bill, but has regularly departed from this practice by unanimous consent of the House of Representatives, and has dispensed altogether its original practice of a verbatim third reading of each bill before passage, limiting such third reading to the reading of the title only, including the reading of the title only even when Members of the House of Representatives have no printed or other verbatim copy of the bill before passage. (11) Although section 106 of title 1, United States Code, requires a bill to be made available in written form to each Member of Congress before final passage, Congress has by statute conferred upon itself the power, during the last 6 days of a session of Congress, by concurrent resolution, to vote for passage of a bill that is not in written form at the time of final passage. (12) As a direct consequence of the departure of the Senate and the House of Representatives from the salutary practice of full, verbatim readings of each bill before final passage, and further, as a direct consequence of Congress, by concurrent resolution and otherwise, having permitted certain appropriation, budget, and regulatory bills to be enacted into law without such bills being printed and presented to Congress in written form prior to final passage, Congress has-- (A) imposed upon the people of the United States excessively long bills, largely written by an unelected bureaucracy, resulting in generally incomprehensible, cumbersome, oppressive, and burdensome laws, containing hidden provisions for special interests; (B) deprived the people of the United States and their elected Senators and Members of a full and fair opportunity to examine the text of bills, and all amendments thereto, prior to passage; (C) undermined the confidence of the people of the United States as a result of its failure to provide adequate notice to the people before a vote is taken on the bills and amendments thereto; and (D) called into question the integrity and reliability of the legislative processes in both Houses of Congress by its failure to ensure that each Senator and each Member of the House of Representatives has, prior to passage, either listened attentively to the reading of the full text of each bill, and amendments thereto, or has personally read the text thereof. (13) Federal law currently sets forth various requirements relating to the form of bills and resolutions, and the procedure for enacting laws, including-- (A) the form of the enacting clause of all Acts of Congress (section 101 of title 1, United States Code); (B) the form of the resolving clause of all joint resolutions (section 102 of title 1, United States Code); (C) a limitation on the use of enacting or resolving words (section 103 of title 1, United States Code); (D) the requirement regarding the numbering of sections and the requirement that each contain a single proposition (section 104 of title 1, United States Code); (E) the style and title for all bills making appropriations (section 105 of title 1, United States Code); and (F) the process by which each bill or joint resolution is handled after passage (section 106 of title 1, United States Code). SEC. 4. TEXT OF BILL OR RESOLUTION TO SPECIFY ITS CONSTITUTIONAL AUTHORITY, CURRENT LAW. Chapter 2 of title 1, United States Code, is amended by inserting after section 105 the following: ``Sec. 105a. Text of bill or resolution to specify its constitutional authority ``(a) Requirement.-- ``(1) In general.--Any bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof. ``(2) Failure to comply.--Any bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution that does not comply with paragraph (1) shall not be submitted for a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section. ``Sec. 105b. Text of bill or resolution to set forth current law ``(a) Requirement.-- ``(1) In general.--Any bill or resolution introduced in either House of Congress that is intended to amend or modify the effect of, or would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth-- ``(A) the current version of the entire section of the current law that the bill or resolution proposes to amend, verbatim; ``(B) the amendments proposed in the bill or resolution; and ``(C) the section of law as it would read as modified by the amendments proposed, except that this subparagraph shall not apply to any bill or resolution that would strike the text of an entire section of a law. ``(2) Failure to comply.--Any bill or resolution that does not comply with paragraph (1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements under subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including a bill or resolution reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution that does not comply with paragraph (1) shall not be submitted to a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements under this section. ``Sec. 105c. Procedures prior to vote on bill or resolution ``(a) In General.-- ``(1) Requirements for vote.--A vote on final passage of a bill (except for private bills) or a resolution may not occur in either House of Congress, unless-- ``(A) the full text of the bill or resolution is published at least 7 days before the vote on an official internet website of each House of Congress, easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions on searchability, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; ``(B) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official internet websites described in subparagraph (A) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice under this subparagraph; and ``(C) except as provided in paragraph (2), the Clerk of the House of Representatives or the Secretary of the Senate has read the full text of the bill or resolution, verbatim, to the respective body of each House of Congress, which have been called to order and physically assembled with a constitutionally required quorum to do business being present throughout the time of the full reading of the text of the bill or resolution. ``(2) If a bill or resolution is enrolled by either the House of Representatives or the Senate, for any subsequent consideration of the enrolled bill or resolution-- ``(A) it is not necessary for the full text of the bill or resolution to be reread to the House of Congress in which the bill or resolution passed; and ``(B) the full text of any amendment to the text of the enrolled bill or resolution shall be read, verbatim, to each House of Congress. ``(b) Affidavit.-- ``(1) In general.--Before voting in favor of final passage of a bill (except a private bill) or resolution, each Senator and each Member of the House of Representatives, except as provided in paragraph (2), shall sign an affidavit executed under penalty of perjury under section 1621 of title 18 attesting that the Senator or Member-- ``(A) was present throughout the entire reading of each such bill or resolution, and listened attentively to such reading in its entirety; or ``(B) prior to voting for passage of such bill or resolution, read attentively each such bill or resolution in its entirety. ``(2) Vote against passage.--A Senator or a Member of the House of Representatives shall not be required to sign an affidavit described in paragraph (1) if the Senator or Member voted against passage of the bill or resolution. ``(3) Records.--Copies of each affidavit described in paragraph (1) signed by a Senator or a Member of the House of Representatives shall be maintained by the Secretary of the Senate or the Clerk of the House of Representatives, respectively. ``(c) Journal.--With respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the publishing, notice, reading, and affidavit requirements under this section have been satisfied. ``(d) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, unanimous consent, or any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``Sec. 105d. Enforcement clause ``(a) In General.--An Act of Congress that does not comply with section 105a, 105b, or 105c shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress. ``(b) Cause of Action.--Without regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28 against the United States seeking appropriate relief (including an injunction against enforcement of any law, the passage of which did not conform to the requirements of section 105a, 105b, or 105c) may be brought by-- ``(1) a person aggrieved by an action of an officer or employee in the executive branch of the Federal Government under an Act of Congress that did not comply with sections 105a, 105b, and 105c; ``(2) a Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with section 105a, 105b, or 105c; and ``(3) a person individually aggrieved by the failure of a Senator for the State in which the aggrieved person resides or by the failure of a Member of the House of Representatives for the District in which the aggrieved person resides to fulfill the obligations of the Senator or Member under section 105a, 105b, or 105c.''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. The table of sections for chapter 2 of title 1, United States Code, is amended by inserting after the item relating to section 105 the following: ``105a. Text of bill or resolution to specify its constitutional authority. ``105b. Text of bill or resolution to set forth current law. ``105c. Procedures prior to vote on bill or resolution. ``105d. Enforcement clause.''. SEC. 6. SEVERABILITY CLAUSE. If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. &lt;all&gt; </pre></body></html>
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118S329
Write the Laws Act
[ [ "P000603", "Sen. Paul, Rand [R-KY]", "sponsor" ] ]
<p><b>Write the Laws Act</b></p> <p>This bill prohibits an act of Congress from containing any delegation of legislative powers, whether to any component within the legislative branch, the President or any other member of the executive branch, the judicial branch, any agency or quasi-public agency, any state or state instrumentality, or any other organization or individual.</p> <p>The Government Accountability Office must identify to Congress all statutes enacted before 90 days after this bill's enactment that contain any delegation of legislative power.</p> <p>Any act of Congress, presidential directive, adjudicative decision, rule, or regulation that is enacted 90 days or more after this bill's enactment and is noncompliant with this bill shall have no force or effect.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 329 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 329 To end the unconstitutional delegation of legislative power which was exclusively vested in the Senate and House of Representatives by article I, section 1 of the Constitution of the United States, and to direct the Comptroller General of the United States to issue a report to Congress detailing the extent of the problem of unconstitutional delegation to the end that such delegations can be phased out, thereby restoring the constitutional principle of separation of powers set forth in the first sections of the Constitution of the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Paul introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To end the unconstitutional delegation of legislative power which was exclusively vested in the Senate and House of Representatives by article I, section 1 of the Constitution of the United States, and to direct the Comptroller General of the United States to issue a report to Congress detailing the extent of the problem of unconstitutional delegation to the end that such delegations can be phased out, thereby restoring the constitutional principle of separation of powers set forth in the first sections of the Constitution of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Write the Laws Act''. SEC. 2. CONSTITUTIONAL AUTHORITY STATEMENT. (a) In General.--This Act is enacted pursuant to the powers conferred by the Constitution of the United States upon Congress by-- (1) article I, section 1, which vests in Congress all legislative powers granted under the Constitution; and (2) article I, section 8, clause 18, which vests in Congress the power to make all laws that shall be necessary and proper for executing the legislative power granted to Congress in the Constitution. (b) Other Authority.--This Act is also enacted to bring the enforcement of Federal law into compliance with the guarantee under the Fifth Amendment to the Constitution of the United States that no person be deprived of life, liberty, or property without due process of law. SEC. 3. FINDINGS. Congress finds the following: (1) Article I, section 1 of the Constitution of the United States vests the legislative powers enumerated therein in Congress, consisting of a Senate and a House of Representatives, subject only to the veto power of the President as provided in article I, section 7, clause 2. (2) Article II, section 1 of the Constitution of the United States vests the Executive power of the United States in a President. (3) Article III, section 1 of the Constitution of the United States vests the judicial power of the United States in ``one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish'', subject only to the jurisdictional limitations set forth in article III, section 2. (4) As the Supreme Court of the United States has stated, ``In the main, [the Constitution of the United States] has blocked out with singular precision, and in bold lines, in its three primary Articles, the allotment of power to the executive, the legislative, and judicial departments of the government [and] the powers confided by the Constitution to one of these departments cannot be exercised by another.''. Kilbourn v. Thompson, 103 U.S. 168, 191 (1881). (5) ``It is . . . essential to the successful working of this system, that the persons entrusted with power in any one of these branches shall not be permitted to encroach upon the powers confided to others, but that each shall by the law of its creation be limited to the exercise of the powers . . . of its own department and no other.''. Id. (6) ``The increase in the number of States, in their population and wealth, and in the amount of power . . . [has] present[ed] powerful and growing temptations to those to whom that exercise is intrusted, to overstep the just boundaries of their own department, and enter upon the domain of one of the others, or to assume powers not intrusted to either of them.''. Id. at 191-192. (7) Succumbing to these ``powerful and growing'' temptations, and beginning in the late nineteenth century with the Interstate Commerce Commission and continuing to the present time, Congress has unconstitutionally created numerous administrative agencies with blended powers, namely-- (A) the exercise of legislative power vested by the Constitution of the United States in Congress; (B) the exercise of Executive power vested by the Constitution of the United States in the President; and (C) the exercise of judicial power vested by the Constitution of the United States in the Supreme Court and lower Federal courts. (8) By delegating legislative, executive, and judicial power to the various administrative agencies, Congress has departed from the separation of powers structure of the Constitution of the United States, and ignored the warning of the framers of that instrument that ``The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.''. James Madison, The Federalist No. 47. (9) Further, by delegating legislative, executive, and judicial powers to various administrative agencies, Congress has unconstitutionally established a Star Chamber-like system of rules promulgated, executed, and adjudicated by administrative agencies that are functionally a part of the executive branch of the Federal Government in violation of the due process guarantee of the Fifth Amendment to the Constitution of the United States. (10) By the very nature of legislative power, and by the express terms of article I, section 1 of the Constitution of the United States, Congress may not delegate any legislative power to any other branch of the Federal Government or other entity, including any administrative agency. As Chief Justice John Marshall stated: ``It will not be contended that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative.''. Wayman v. Southard, 10 Wheat. (23 U.S.) 1, 42 (1825). (11) As Chief Justice Melville Fuller explained, a ``criminal offense'' created or clarified by an agency in the executive branch is not valid unless the offense ``is fully and completely defined by the act'' of Congress. In re Kollock, 165 U.S. 526, 533 (1897). (12) By vesting legislative power in the Congress, the Constitution requires the Senate and the House of Representatives to enact statutes containing general rules to be executed by the President, as provided in article II, section 1 of the Constitution of the United States, and to be adjudicated in a case or controversy by such inferior courts as Congress may from time to time establish, or in the Supreme Court, as provided in article III, sections 1 and 2. (13) By abdicating its constitutional legislative responsibility to write the laws whereby the people are governed, and having unconstitutionally delegated that power to unelected bureaucrats, Congress has undermined the constitutional protections of-- (A) the checks and balances of a bicameral legislative body; and (B) a Presidential veto. (14) As a direct consequence of Congress having abdicated its responsibility to properly exercise the legislative power vested by the Constitution of the United States, Congress has-- (A) imposed onerous and unreasonable burdens upon the American people; and (B) violated the constitutional principle of the separation of the legislative, executive, and judicial processes and functions. SEC. 4. RESTORING THE SEPARATION OF POWERS. (a) In General.--Title 1 of the United States Code, is amended by inserting after chapter 2 the following: ``CHAPTER 2A--SEPARATION OF POWERS ``Sec. ``151. Nondelegation of legislative power. ``152. Enforcement clause. ``153. Effective date. ``Sec. 151. Nondelegation of legislative power ``(a) Definition.--In this section, the term `delegation of legislative powers'-- ``(1) includes-- ``(A) the creation or clarification of any criminal or civil offense; and ``(B) the creation or clarification of any non- criminal regulation, prohibition, or limitation applicable to the public, or some subset thereof, that is not fully and completely defined in an Act of Congress, except that the executive branch of Government may be delegated authority to make factual findings that will determine the date upon which such an Act is implemented, suspended, or revived; and ``(2) does not include the issuance of any Presidential proclamation, or the issuance of any rule or regulation governing the internal operation of any agency, or conditions made upon grants or contracts issued by any agency. ``(b) Prohibition.--An Act of Congress may not contain any delegation of legislative powers, whether to-- ``(1) any component within the legislative branch of the Federal Government; ``(2) the President or any other member of the executive branch of the Federal Government; ``(3) the judicial branch of the Federal Government; ``(4) any agency; ``(5) any quasi-public agency; ``(6) any State or instrumentality thereof; or ``(7) any other organization or individual. ``(c) Executive Actions.--No new Presidential directive, adjudicative decision, rule, or regulation, or change to an existing Presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any individual or entity, other than an officer or employee of the Federal Government, may be promulgated or put into effect, unless the directive, decision, rule, or regulation is authorized by an Act of Congress that complies with subsection (b). ``(d) Report.--Not later than 6 months after the date of enactment of this chapter, the Comptroller General of the United States shall submit to Congress a report identifying all statutes enacted before the date that is 90 days after the date of enactment of this chapter which contain any delegation of legislative powers prohibited under this section. ``Sec. 152. Enforcement clause ``(a) In General.--An Act of Congress, Presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151 shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress, Presidential directive, adjudicative decision, rule, or regulation. ``(b) Cause of Action.--Any person aggrieved by any action of any officer or employee in the executive branch of the Federal Government under any Act of Congress that does not comply with section 151 may bring a cause of action under sections 2201 and 2202 of title 28 against the United States to seek appropriate relief, including an injunction against enforcement of any Act of Congress, Presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151. ``(c) Standard of Review.--In any action brought under subsection (b), the standard of review shall be de novo. ``Sec. 153. Effective date ``This chapter shall apply to any Act of Congress, Presidential directive, adjudicative decision, rule, or regulation, or change to an existing Presidential directive, adjudicative decision, rule, or regulation, enacted or promulgated on or after the date that is 90 days after the date of enactment of this chapter.''. (b) Technical and Conforming Amendment.--The table of chapters for title 1, United States Code, is amended by inserting after the item relating to chapter 2 the following: ``2A. Separation of powers................................. 151''. SEC. 5. SEVERABILITY CLAUSE. If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. &lt;all&gt; </pre></body></html>
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118S33
MMEDS Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><b>Medical Manufacturing, Economic Development, and Sustainability Act of 2023 or the MMEDS Act of 2023</b></p> <p>This bill provides incentives for relocating medical manufacturing facilities in the United States and for manufacturing medical products (i.e., drugs and devices) in economically distressed zones. Specifically, the bill allows a income tax credit for 40% of the sum of wages paid in a medical product manufacturing economically distressed zone, employee fringe benefit expenses, and depreciation and amortization allowances with respect to qualified medical product manufacturing facility property, and a credit for economically distressed zone products and services acquired by domestic medical product manufacturers..</p> <p>The bill also directs the Department of Health and Human Services to study the extent to which the health of aging individuals and vulnerable populations have been disproportionately harmed by the COVID-19 (i.e., coronavirus disease 2019) pandemic and prior epidemics and pandemics.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 33 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 33 To rescue domestic medical product manufacturing activity by providing incentives in economically distressed areas of the United States and its possessions. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To rescue domestic medical product manufacturing activity by providing incentives in economically distressed areas of the United States and its possessions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Manufacturing, Economic Development, and Sustainability Act of 2023'' or the ``MMEDS Act of 2023''. SEC. 2. ECONOMICALLY DISTRESSED ZONES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter AA--Medical Product Manufacturing in Economically Distressed Zones ``subchapter aa--medical product manufacturing in economically distressed zones ``Sec. 1400AA-1. Medical product manufacturing in economically distressed zone credit. ``Sec. 1400AA-2. Credit for economically distressed zone products and services acquired by domestic medical product manufacturers. ``Sec. 1400AA-3. Special rules to secure the national supply chain. ``Sec. 1400AA-4. Designation of economically distressed zones. ``SEC. 1400AA-1. MEDICAL PRODUCT MANUFACTURING IN ECONOMICALLY DISTRESSED ZONE CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to 40 percent of the sum of-- ``(1) the aggregate amount of the taxpayer's medical product manufacturing economically distressed zone wages for such taxable year, ``(2) the allocable employee fringe benefit expenses of the taxpayer for such taxable year, and ``(3) the depreciation and amortization allowances of the taxpayer for the taxable year with respect to qualified medical product manufacturing facility property. ``(b) Denial of Double Benefit.--Any wages or other expenses taken into account in determining the credit under this section may not be taken into account in determining the credit under sections 41, and any other provision determined by the Secretary to be substantially similar. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Economically distressed zone wages.-- ``(A) In general.--The term `economically distressed zone wages' means amounts paid or incurred for wages during the taxable year which are-- ``(i) in connection with the active conduct of a trade or business of the taxpayer, and ``(ii) paid or incurred for an employee the principal place of employment of whom is in a qualified medical product manufacturing facility of such taxpayer. ``(B) Limitation on amount of wages taken into account.-- ``(i) In general.--The amount of wages which may be taken into account under subparagraph (A) with respect to any employee for any taxable year shall not exceed the contribution and benefit base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. ``(ii) Treatment of part-time employees, etc.--If-- ``(I) any employee is not employed by the taxpayer on a substantially full-time basis at all times during the taxable year, or ``(II) the principal place of employment of any employee is not within an economically distressed zone at all times during the taxable year, the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) of the limitation which would otherwise be in effect under clause (i). ``(C) Treatment of certain employees.--The term `economically distressed zone wages' shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation. ``(D) Wages.--For purposes of this paragraph, the term `wages' shall not include any amounts which are allocable employee fringe benefit expenses. ``(2) Allocable employee fringe benefit expenses.-- ``(A) In general.--The term `allocable employee fringe benefit expenses' means the aggregate amount allowable as a deduction under this chapter to the taxpayer for the taxable year for the following amounts which are allocable to employment in a qualified medical product manufacturing facility: ``(i) Employer contributions under a stock bonus, pension, profit-sharing, or annuity plan. ``(ii) Employer-provided coverage under any accident or health plan for employees. ``(iii) The cost of life or disability insurance provided to employees. ``(B) Allocation.--For purposes of subparagraph (A), an amount shall be treated as allocable to a qualified medical product manufacturing facility only if such amount is with respect to employment of an individual for services provided, and the principal place of employment of whom is, in such facility. ``(3) Qualified medical product manufacturing facility.-- The term `qualified medical product manufacturing facility' means any facility that-- ``(A) researches and develops or produces medical products or essential components of medical products, and ``(B) is located within an economically distressed zone. ``(4) Qualified medical product manufacturing facility property.--The term `qualified medical product manufacturing facility property' means any property originally used in (or consisting of) a qualified medical product manufacturing facility if such property is directly connected to the research, development, or production of a medical product. ``(5) Medical product; essential component.-- ``(A) Medical product.--The term `medical product' means-- ``(i) a drug that-- ``(I) is a prescription drug subject to regulation under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) or section 351 of the Public Health Service Act (42 U.S.C. 262), ``(II) is subject to regulation under section 802 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 382), or ``(III) is described in section 201(jj) of such Act (21 U.S.C. 321(jj)), or ``(ii) a device, as defined in section 201(h) of such Act (21 U.S.C. 321(h)). ``(B) Essential component.--The term `essential component' means, with respect to a medical product-- ``(i) an active pharmaceutical ingredient, or ``(ii) a protein, antibody, enzyme, hormone, or other organic material that is an active ingredient in a biological product. ``(6) Aggregation rules.-- ``(A) In general.--For purposes of this section, members of an affiliated group shall be treated as a single taxpayer. ``(B) Affiliated group.--The term `affiliated group' means an affiliated group (as defined in section 1504(a), determined without regard to section 1504(b)(3)) one or more members of which are engaged in the active conduct of a trade or business within an economically distressed zone. ``SEC. 1400AA-2. CREDIT FOR ECONOMICALLY DISTRESSED ZONE PRODUCTS AND SERVICES ACQUIRED BY DOMESTIC MEDICAL PRODUCT MANUFACTURERS. ``(a) Allowance of Credit.--In the case of an eligible medical product manufacturer, there shall be allowed as a credit against the tax imposed by subtitle A for the taxable year an amount equal to the applicable percentage of the aggregate amounts paid or incurred by the taxpayer during such taxable year for qualified products or services. ``(b) Applicable Percentage.--For purposes of this section, the term applicable percentage means-- ``(1) 30 percent in the case of amounts paid or incurred to persons not described in paragraph (2) or (3), and ``(2) 5 percent in the case of amounts paid or incurred to a related person. ``(c) Eligible Medical Product Manufacturer.--For purposes of this section, the term `eligible medical product manufacturer' means any person in the trade or business of producing medical products in the United States. ``(d) Qualified Product or Service.--For purposes of this section, the term `qualified product or service' means-- ``(1) any product which is produced in an economically distressed zone and which is integrated into a medical product produced by the taxpayer, and ``(2) any service which is provided in an economically distressed zone and which is necessary to the production of a medical product by the taxpayer (including packaging). ``(e) Related Persons.--For purposes of this section, persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). ``(f) Other Terms.--Terms used in this section which are also used in section 1400AA-1 shall have the same meaning as when used in such section. ``SEC. 1400AA-3. SPECIAL RULES TO SECURE THE NATIONAL SUPPLY CHAIN. ``(a) In General.--In the case of a qualified repatriated pharmaceutical manufacturing facility, section 1400AA-1(a) shall be applied by substituting `60 percent' for `40 percent'. ``(b) Election To Expense in Lieu of Tax Credit for Depreciation.-- In the case of a taxpayer which elects (at such time and in such manner as the Secretary may provide) the application of this subsection with respect to any qualified repatriated medical product manufacturing facility or qualified population health product manufacturing facility-- ``(1) section 1400AA-1(a)(3) shall not apply with respect to any qualified medical product manufacturing facility property with respect to such facility, and ``(2) for purposes of section 168(k)-- ``(A) such property shall be treated as qualified property, and ``(B) the applicable percentage with respect to such property shall be 100 percent. ``(c) Qualified Repatriated Medical Product Manufacturing Facility.--For purposes of this section, the term `qualified repatriated medical product manufacturing facility' means any qualified medical product manufacturing facility (as defined in section 1400AA-1) the production of which was moved to an economically distressed zone from a foreign country that the United States Trade Representative has determined could pose a risk to the national supply chain because of political or social factors. ``SEC. 1400AA-4. DESIGNATION OF ECONOMICALLY DISTRESSED ZONES. ``(a) In General.--For purposes of this subchapter, the term `economically distressed zone' means any population census tract within the United States which-- ``(1) has a poverty rate of not less than 35 percent for each of the 5 most recent calendar years for which information is available, or ``(2) satisfies each of the following requirements: ``(A) The census tract has pervasive poverty, unemployment, low labor force participation, and general distress measured as a prolonged period of economic decline measured by real gross national product. ``(B) The census tract has a poverty rate of not less than 30 percent for each of the 5 most recent calendar years for which information is available. ``(C) The census tract has been designated as such by the Secretary and the Secretary of Commerce pursuant to an application under subsection (b). ``(b) Application for Designation.-- ``(1) In general.--An application for designation as an economically distressed zone may be filed by a State or local government in which the population census tract to which the application applies is located. ``(2) Requirements.--Such application shall include a strategic plan for accomplishing the purposes of this subchapter, which-- ``(A) describes the coordinated economic, human, community, and physical development plan and related activities proposed for the nominated area, ``(B) describes the process by which the affected community is a full partner in the process of developing and implementing the plan and the extent to which local institutions and organizations have contributed to the planning process, ``(C) identifies the amount of State, local, and private resources that will be available in the nominated area and the private/public partnerships to be used, which may include participation by, and cooperation with, universities, medical centers, and other private and public entities, ``(D) identifies the funding requested under any Federal program in support of the proposed economic, human, community, and physical development and related activities, ``(E) identifies baselines, methods, and benchmarks for measuring the success of carrying out the strategic plan, including the extent to which poor persons and families will be empowered to become economically self- sufficient, and ``(F) does not include any action to assist any establishment in relocating from one area outside the nominated area to the nominated area, except that assistance for the expansion of an existing business entity through the establishment of a new branch, affiliate, or subsidiary is permitted if-- ``(i) the establishment of the new branch, affiliate, or subsidiary will not result in a decrease in employment in the area of original location or in any other area where the existing business entity conducts business operations, ``(ii) there is no reason to believe that the new branch, affiliate, or subsidiary is being established with the intention of closing down the operations of the existing business entity in the area of its original location or in any other area where the existing business entity conducts business operation, and ``(iii) includes such other information as may be required by the Secretary and the Secretary of Commerce. ``(c) Period for Which Designations Are in Effect.--Designation as an economically distressed zone may be made at any time during the 10- year period beginning on the date of the enactment of this section, and shall remain in effect with respect to such zone during the 15-year period beginning on the date of such designation. Economically distressed zones described in subsection (a)(1) shall take effect on the date of the enactment of this Act and shall remain in effect during the 15-year period beginning on such date. ``(d) Territories and Possessions.--The term `United States' includes the 50 States, the District of Columbia, and the territories and possessions of the United States. ``(e) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including-- ``(1) not later than 30 days after the date of the enactment of this section, a list of the population census tracts described in subsection (a)(1), and ``(2) not later than 60 days after the date of the enactment of this section, regulations or other guidance regarding the designation of population census tracts described in subsection (a)(2).''. (b) Clerical Amendment.--The table of subchapters for chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``subchapter aa--medical product manufacturing in economically distressed zones''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 3. REPORT ON NEED FOR INCENTIVIZING DEVELOPMENT OF THERAPIES. Not later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall examine and report to the Congress on-- (1) the extent to which the health of aging individuals in the United States, African Americans, Hispanics, Native Americans, veterans, or other vulnerable populations in the United States has been disproportionately harmed by the COVID- 19 pandemic and prior epidemics and pandemics; (2) the therapies currently available, and whether there is a need for additional innovation and development to produce therapies, to reduce the exposure of vulnerable populations in the United States to risk of disproportionate harm in epidemics and pandemics; and (3) whether the Secretary recommends providing the same incentives for the development and marketing of therapies described in paragraph (2) as is provided under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) with respect to qualified infectious disease products designated under section 505E(d) of such Act (21 U.S.C. 355f(d)). &lt;all&gt; </pre></body></html>
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118S330
A bill to make 2 percent across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025.
[ [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 330 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 330 To make 2 percent across-the-board rescissions in non-defense, non- homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on Appropriations _______________________________________________________________________ A BILL To make 2 percent across-the-board rescissions in non-defense, non- homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ACROSS-THE-BOARD RESCISSIONS IN NON-DEFENSE, NON-HOMELAND- SECURITY, AND NON-VETERANS-AFFAIRS DISCRETIONARY SPENDING FOR EACH OF FISCAL YEARS 2024 AND 2025. (a) Across-the-Board Rescissions.--There is hereby rescinded an amount equal to 2 percent of-- (1) the budget authority provided (or obligation limitation imposed) in each of fiscal years 2024 and 2025 for any non- defense, non-homeland-security, and non-veterans-affairs discretionary account in any fiscal year 2024 or 2025 appropriation Act; (2) the budget authority provided in any advance appropriation for each of fiscal years 2024 and 2025 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in each of fiscal years 2024 and 2025 for any program that is subject to a limitation contained in any fiscal year 2024 or 2025 appropriation Act for any non-defense, non-homeland-security, and non-veterans- affairs discretionary account. (b) Non-Defense, Non-Homeland-Security, and Non-Veterans-Affairs Discretionary Account.--For purposes of subsection (a), the term ``non- defense, non-homeland-security, and non-veterans-affairs discretionary account'' means any discretionary account, other than-- (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account of the Department of Defense or the Department of Veterans Affairs included in a Military Construction and Veterans Affairs and Related Agencies Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development and Related Agencies Appropriations Act. (c) Proportionate Application.--Any rescission made by subsection (a) shall be applied proportionately-- (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent Appropriation Laws.--In the case of any fiscal year 2024 or 2025 appropriation Act enacted after the date of enactment of this Act, any rescission required by subsection (a) shall take effect immediately after the enactment of such appropriation Act. (e) OMB Report.--Within 30 days after the date of enactment of this Act (or, in the case of any fiscal year 2024 or 2025 appropriation Act enacted after the date of enactment of this Act, 30 days after the date of enactment of such appropriation Act), the Director of the Office of Management and Budget shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report specifying the account and amount of each rescission made pursuant to subsection (a). &lt;all&gt; </pre></body></html>
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118S331
A bill to make 1 percent across-the-board rescissions in non-defense, non-homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025.
[ [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 331 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 331 To make 1 percent across-the-board rescissions in non-defense, non- homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on Appropriations _______________________________________________________________________ A BILL To make 1 percent across-the-board rescissions in non-defense, non- homeland-security, and non-veterans-affairs discretionary spending for each of fiscal years 2024 and 2025. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ACROSS-THE-BOARD RESCISSIONS IN NON-DEFENSE, NON-HOMELAND- SECURITY, AND NON-VETERANS-AFFAIRS DISCRETIONARY SPENDING FOR EACH OF FISCAL YEARS 2024 AND 2025. (a) Across-the-Board Rescissions.--There is hereby rescinded an amount equal to 1 percent of-- (1) the budget authority provided (or obligation limitation imposed) in each of fiscal years 2024 and 2025 for any non- defense, non-homeland-security, and non-veterans-affairs discretionary account in any fiscal year 2024 or 2025 appropriation Act; (2) the budget authority provided in any advance appropriation for each of fiscal years 2024 and 2025 for any non-defense, non-homeland-security, and non-veterans-affairs discretionary account in any prior fiscal year appropriation Act; and (3) the contract authority provided in each of fiscal years 2024 and 2025 for any program that is subject to a limitation contained in any fiscal year 2024 or 2025 appropriation Act for any non-defense, non-homeland-security, and non-veterans- affairs discretionary account. (b) Non-Defense, Non-Homeland-Security, and Non-Veterans-Affairs Discretionary Account.--For purposes of subsection (a), the term ``non- defense, non-homeland-security, and non-veterans-affairs discretionary account'' means any discretionary account, other than-- (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account of the Department of Defense or the Department of Veterans Affairs included in a Military Construction and Veterans Affairs and Related Agencies Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development and Related Agencies Appropriations Act. (c) Proportionate Application.--Any rescission made by subsection (a) shall be applied proportionately-- (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget). (d) Subsequent Appropriation Laws.--In the case of any fiscal year 2024 or 2025 appropriation Act enacted after the date of enactment of this Act, any rescission required by subsection (a) shall take effect immediately after the enactment of such appropriation Act. (e) OMB Report.--Within 30 days after the date of enactment of this Act (or, in the case of any fiscal year 2024 or 2025 appropriation Act enacted after the date of enactment of this Act, 30 days after the date of enactment of such appropriation Act), the Director of the Office of Management and Budget shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report specifying the account and amount of each rescission made pursuant to subsection (a). &lt;all&gt; </pre></body></html>
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118S332
WALL Act of 2023
[ [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ] ]
<p><b>WALL Act of 2023 </b></p> <p>This bill appropriates $25 billion for the construction of a wall on the U.S.-Mexico border and addresses other issues related to immigration.</p> <p>As offsets to this spending, the bill restricts the child tax credit, earned income credits, and lifetime learning credits to those with Social Security numbers and not prohibited from employment in the United States. Also, individuals who file taxes using an individual taxpayer identification number (ITIN) instead of a Social Security number must pay a fee ($300 for each individual on the tax return using an ITIN). </p> <p>The bill restricts eligibility for certain federally-funded benefits, including unemployment compensation, supplemental nutrition assistance, and housing benefits, to those eligible to work in the United States. Agencies administering such benefits must use the E-Verify program to confirm the eligibility of applicants for such benefits. </p> <p>This bill also sets fines for non-U.S. nationals (<i>aliens</i> under federal law) who improperly enter the United States or overstay their visas. </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 332 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 332 To appropriate $25,000,000,000 for the construction of a border wall between the United States and Mexico, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Britt (for herself, Mr. Barrasso, Mr. Braun, Mr. Cruz, Mr. Risch, Mr. Rounds, and Mr. Wicker) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To appropriate $25,000,000,000 for the construction of a border wall between the United States and Mexico, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``WALL Act of 2023''. SEC. 2. MANDATORY SPENDING FOR BORDER WALL. (a) In General.--There is appropriated $25,000,000,000 for the purpose of constructing a physical barrier along the southern border of the United States. (b) Availability.--Amounts appropriated under subsection (a) shall remain available until expended for the purpose described in subsection (a). SEC. 3. OFFSETS. (a) Eligibility for Child Tax Credit.-- (1) In general.--Section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Identification Requirements.-- ``(1) In general.--No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes on the return of tax for the taxable year-- ``(A) the name of such qualifying child, and ``(B) the valid identification number of the taxpayer (and, in the case of a joint return, the taxpayer's spouse) and such qualifying child. ``(2) Valid identification number.-- ``(A) In general.--For purposes of this subsection, the term `valid identification number' means-- ``(i) in the case of the taxpayer and any spouse of the taxpayer, a social security number issued to the individual by the Social Security Administration on or before the due date for filing the return for the taxable year, and ``(ii) in the case of a qualifying child, a social security number issued to such child by the Social Security Administration on or before the due date for filing such return. ``(B) Exception for individuals prohibited from engaging in employment in united states.--For purposes of subparagraph (A)(i) and subsection (h)(4)(C), the term `social security number' shall not include the social security number of an individual who is prohibited from engaging in employment in the United States.''. (2) Conforming amendments.--Subsection (h) of section 24 of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1), by striking ``(7)'' and inserting ``(6)'', (B) in paragraph (4), by amending subparagraph (C) to read as follows: ``(C) Social security number required.-- Subparagraph (A) shall not apply with respect to any dependent of the taxpayer unless the taxpayer includes on the return of tax for the taxable year, for both the taxpayer and the dependent, a social security number issued to each such individual by the Social Security Administration on or before the due date for filing such return.'', and (C) by striking paragraph (7). (3) Effective date.--The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (b) Individuals Prohibited From Engaging in Employment in United States Not Eligible for Earned Income Tax Credit.-- (1) In general.--Subsection (m) of section 32 of the Internal Revenue Code of 1986 is amended to read as follows: ``(m) Identification Numbers.-- ``(1) In general.--Solely for purposes of subsections (c)(1)(E) and (c)(3)(D), a taxpayer identification number means a social security number issued to an individual by the Social Security Administration on or before the due date for filing the return for the taxable year. ``(2) Exception for individuals prohibited from engaging in employment in united states.--For purposes of paragraph (1), in the case of subsection (c)(1)(E), the term `social security number' shall not include the social security number of an individual who is prohibited from engaging in employment in the United States.''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years ending after the date of the enactment of this Act. (c) Identification Requirement for American Opportunity and Lifetime Learning Credits.-- (1) In general.--Section 25A(g)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Social security number required.-- ``(i) In general.--For purposes of this paragraph, the term `taxpayer identification number' means a social security number issued to an individual by the Social Security Administration. ``(ii) Exception for individuals prohibited from engaging in employment in united states.-- For purposes of clause (i), the term `social security number' shall not include the social security number of an individual who is prohibited from engaging in employment in the United States.''. (2) Effective date.--The amendment made by this subsection shall apply to all taxable years ending after the date of the enactment of this Act. (d) Fees for Filing a Tax Return Using an ITIN.-- (1) In general.--Section 6109(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(5) Fee for filing tax return using an itin.-- ``(A) In general.--In the case of any individual income tax return filed by a taxpayer residing in the United States, the Secretary shall require the taxpayer to pay a fee for each such return filed in an amount equal to the product of-- ``(i) the total number of individuals included on such return (including any spouse or dependent of the taxpayer) with respect to whom an individual taxpayer identification number has been issued, multiplied by ``(ii) $300. ``(B) Exception.--Subparagraph (A) shall not apply to any individual who has reported to the Secretary that their social security number has been subject to theft, misuse, or misappropriation by another person.''. (2) Effective date.--The amendment made by this subsection shall apply to returns the due date for which (determined without regard to extensions) is after the date of the enactment of this Act. (e) Ensuring Validity of Social Security Numbers.-- (1) In general.--Section 6109 of the Internal Revenue Code of 1986 is amended by inserting after subsection (d) the following new subsection: ``(e) Confirmation of Social Security Numbers.--For purposes of paragraphs (1) and (3) of subsection (a), the Secretary, in coordination with the Commissioner of Social Security, shall verify that any social security account number submitted by a person, or with respect to another person, in any return, statement, or other document is-- ``(1) the correct social security account number as issued to such person by the Commissioner of Social Security, and ``(2) valid and otherwise unexpired as of the date of submission of such return, statement, or other document.''. (2) Effective date.--The amendment made by this subsection shall apply to returns, statements, and other documents submitted after the date of the enactment of this Act. (f) Requiring Agencies To Use E-Verify To Confirm Satisfactory Immigration Status for Eligibility for Certain Federally Funded Benefits.-- (1) In general.--Section 1137(a) of the Social Security Act (42 U.S.C. 1320b-7(a)) is amended-- (A) in paragraph (6), by striking ``; and'' and inserting a semicolon; (B) in paragraph (7), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(8) with respect to any applicant for, or recipient of, benefits under a program listed in subsection (b) who is a noncitizen and whose eligibility for such benefits is conditional upon such applicant or recipient having an immigration status that allows the applicant or recipient to work in the United States, the State agency administering such program shall use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) (also known as `E-Verify') to confirm that such applicant or recipient has such status, and shall deny eligibility for such benefits to any such applicant or recipient who does not have such status.''. (2) Federal housing programs.-- (A) Section 8(o)(6) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(6)) is amended by adding at the end the following: ``(D) Verification of immigration status.--For each dwelling unit for which a housing assistance payment contract is established under this subsection, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) (commonly known as `E- Verify') to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status.''. (B) Section 8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) is amended by adding at the end the following: ``(P) Verification of immigration status.--For each dwelling unit in a project for which a housing assistance payment contract is established under this subsection, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) (commonly known as `E-Verify') to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status.''. (C) Section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) is amended by adding at the end the following: ``(9) Verification of immigration status.--For each public housing dwelling unit owned, assisted, or operated by a public housing agency, the public housing agency shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) (commonly known as `E-Verify') to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status.''. (D) Section 202(i) of the Housing Act of 1959 (12 U.S.C. 1701q(i)) is amended by adding at the end the following: ``(3) Verification of immigration status.--For each dwelling unit assisted under this section, the owner shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) (commonly known as `E-Verify') to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status.''. (E) Section 811(i)(1) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013(i)(1)) is amended by adding at the end the following: ``(E) Verification of immigration status.--For each dwelling unit assisted under this section, the owner shall, with respect to any prospective tenant of the dwelling unit who is a noncitizen and whose eligibility for assistance is conditional upon the tenant having an immigration status that allows the tenant to work in the United States, use the employment eligibility confirmation program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) (commonly known as `E-Verify') to confirm that the tenant has such status and shall deny eligibility for such assistance to any tenant who does not have such status.''. (3) Rulemaking.-- (A) In general.--The Secretary of Agriculture, the Secretary of Health and Human Services, and the Secretary of Labor shall promulgate rules to implement section 1137(a)(8) of the Social Security Act, as added by paragraph (1), which requires the use of E-Verify to verify applicant eligibility for certain programs administered by their respective departments. (B) Housing programs.--The Secretary of Housing and Urban Development shall promulgate rules to implement amendments made by subparagraphs (A) through (E) of paragraph (2), which require the use of E-Verify to verify tenant eligibility for housing assistance programs administered by the Department of Housing and Urban Development. (4) Effective date.--The amendments made by this subsection shall take effect on the date of enactment of this Act. SEC. 4. MINIMUM FINES FOR ILLEGAL ENTRY AND OVERSTAY. (a) Illegal Entry.--Chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is amended-- (1) in section 275 (8 U.S.C. 1325)-- (A) in subsection (a)-- (i) by striking ``(1)''; (ii) by striking ``or (2)''; (iii) by striking ``(3)''; and (iv) by striking ``shall, for'' and all that follows and inserting the following: ``shall-- ``(1) for the first commission of any such offense, be fined in accordance with subsection (b), imprisoned not more than 6 months, or both; and ``(2) for a subsequent commission of any such offense, be fined in accordance with subsection (b), imprisoned not more than 2 years, or both.''; and (B) in subsection (b)-- (i) by inserting ``(1)'' before ``Any alien''; (ii) by striking ``civil penalty of'' and all that follows through the period at the end of paragraph (2) and inserting ``civil penalty in an amount equal to not less than $3,000 and not more than $10,000.''; and (iii) in the undesignated matter at the end, by striking ``Civil penalties'' and inserting the following: ``(2) Civil penalties''; and (2) in section 276 (8 U.S.C. 1326), by amending subsection (a) to read as follows: ``(a)(1) Subject to paragraph (2) and subsection (b), any alien who, after being denied admission, excluded, deported, or removed or after departing the United States while an order of exclusion, deportation, or removal is outstanding, enters, attempts to enter, or is at any time found in, the United States, shall be subject to a civil penalty in an amount equal to not less than $3,000 and not more than $10,000. ``(2) Notwithstanding paragraph (1), an alien described in such paragraph shall not be subject to the civil penalty described in such paragraph if-- ``(A) before reembarking at a place outside the United States or applying for admission from a foreign contiguous territory, the Secretary of Homeland Security has expressly consented to such alien's reapplying for admission; or ``(B) with respect to an alien previously denied admission and removed, such alien establishes that he or she was not required to obtain such advance consent under this Act.''. (b) Overstay.--Section 222(g) of the Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended by adding at the end the following: ``(3) An alien described in paragraph (1) shall be subject to a civil penalty in an amount equal to the product of $50 multiplied by the number of months that the alien remained in the United States beyond the alien's authorized period of stay.''. &lt;all&gt; </pre></body></html>
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118S333
Keep Our Communities Safe Act of 2023
[ [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "R000595", "Sen. Rubio, Marco [R-FL]", "cosponsor" ], [ "S001227", "Sen. Schmitt, Eric [R-MO]", "cosponsor" ], [ "T000250", "Sen. Thune, John [R-SD]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ] ]
<p><b>Keep Our Communities Safe Act of 2023 </b></p> <p>This bill revises provisions related to the authority of the Department of Homeland Security (DHS) to detain non-U.S. nationals (<i>aliens</i> under federal law).</p> <p>DHS may detain an individual pending a removal decision for any length of time until the individual is subject to a final removal order. DHS must detain certain individuals, such as those convicted of an aggravated felony, beyond certain time limits for immigration-related detention. </p> <p>The authority of the Department of Justice to review DHS custody decisions concerning an individual awaiting a removal decision shall be limited to whether the individual may be detained, released on bond, or released with no bond. DHS may release such an individual on bond only if the individual is not a flight risk or risk to the community.</p> <p>For an individual subject to a removal order, DHS may extend the 90-day removal period (generally the window in which DHS has to remove an individual after a final order of removal) in certain instances, such as when removal is stayed during an appeal. </p> <p>DHS may continue to detain an individual beyond the removal period and any removal period extensions. DHS must periodically certify a justification for detaining an individual beyond the removal period. </p> <p>DHS must establish a detention review process for individuals who (1) have made all reasonable efforts to comply with a removal order, and (2) are not subject to mandatory detention. DHS shall use this process to determine whether such an individual should be detained or released with conditions.</p> </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 333 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 333 To amend the Immigration and Nationality Act to provide for extensions of detention of certain aliens ordered removed, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Britt (for herself, Mr. Barrasso, Mr. Braun, Mr. Cassidy, Mr. Cotton, Mr. Cramer, Mr. Crapo, Mr. Cruz, Mrs. Fischer, Mr. Grassley, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Mullin, Mr. Risch, Mr. Rounds, Mr. Rubio, Mr. Schmitt, Mr. Thune, Mr. Tillis, Mr. Tuberville, and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to provide for extensions of detention of certain aliens ordered removed, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Communities Safe Act of 2023''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) rights guaranteed by the Constitution of the United States should be upheld and protected; (2) Congress intends to uphold the constitutional principle of due process of law; and (3) due process of law is a right afforded to every person in the United States. SEC. 3. DETENTION OF DANGEROUS ALIENS DURING REMOVAL PROCEEDINGS. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended-- (1) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1), by inserting ``or the Attorney General'' before the em dash; (B) in paragraph (1), by striking ``and'' at the end; and (C) in paragraph (2)(B), by striking ``conditional parole; but'' and inserting ``recognizance; and''; (3) in subsection (b)-- (A) in the subsection heading, by striking ``Parole'' and inserting ``Recognizance''; and (B) by striking ``parole'' and inserting ``recognizance''; (4) in subsection (c)(1), by striking the undesignated matter following subparagraph (D) and inserting the following: ``any time after the alien is released, without regard to whether an alien is released related to any activity, offense, or conviction described in this paragraph; to whether the alien is released on parole, supervised release, or probation; or to whether the alien may be arrested or imprisoned again for the same offense. If the activity described in this paragraph does not result in the alien being taken into custody by any person other than the Secretary, when the alien is brought to the attention of the Secretary or when the Secretary determines it is practical to take such alien into custody, the Secretary shall take such alien into custody.''; (5) in subsection (e), by striking ``Attorney General's'' and inserting ``Secretary of Homeland Security's''; and (6) by adding at the end the following: ``(f) Length of Detention.--Notwithstanding any other provision under this section, an alien may be detained under this section for any period, without limitation, except as provided in subsection (h), until the alien is subject to a final order of removal. The length of detention under this section shall not affect a detention under section 241. ``(g) Administrative Review.-- ``(1) Limitation.--The Attorney General's review of the Secretary of Homeland Security's custody determinations under subsection (a) shall be limited to whether the alien may be detained, released on bond (of at least $1,500 with security approved by the Secretary), or released with no bond. Any review involving an alien described in paragraph (2)(D) shall be limited to a determination of whether the alien is properly included in such category. ``(2) Classes of aliens.--The Attorney General shall review the Secretary's custody determinations for-- ``(A) aliens in exclusion proceedings; ``(B) aliens described in section 212(a)(3) or 237(a)(4); ``(C) aliens described in subsection (c); and ``(D) aliens in deportation proceedings under section 242(a)(2) (as in effect between April 24, 1996, and April 1, 1997). ``(h) Release on Bond.-- ``(1) In general.--An alien detained pursuant to subsection (a) may seek release on bond. No bond may be granted under this subsection unless the alien establishes, by clear and convincing evidence, that the alien is not a flight risk or a risk to another person or the community. ``(2) Certain aliens ineligible.--No alien detained pursuant to subsection (c) may seek release on bond under this subsection.''. SEC. 4. ALIENS ORDERED REMOVED. Section 241(a) of the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended-- (1) by striking ``Attorney General'' each place such term appears (except for the first place it appears in paragraph (4)(B)(i)) and inserting ``Secretary of Homeland Security''; (2) in paragraph (1)-- (A) by striking subparagraphs (B) and (C) and inserting the following: ``(B) Beginning of period.--The removal period begins on the latest of-- ``(i) the date on which the order of removal becomes administratively final; ``(ii) the date on which the alien is taken into such custody if the alien is not in the custody of the Secretary on the date on which the order of removal becomes administratively final; and ``(iii) the date on which the alien is taken into the custody of the Secretary after the alien is released from detention or confinement if the alien is detained or confined (except for an immigration process) on the date on which the order of removal becomes administratively final. ``(C) Suspension of period.-- ``(i) Extension.--The removal period shall be extended beyond 90 days and the Secretary may, in the Secretary's sole discretion, keep the alien in detention during such extended period, if-- ``(I) the alien fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure or conspires or acts to prevent the alien's removal that is subject to an order of removal; ``(II) a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal; ``(III) the Secretary transfers custody of the alien pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency; or ``(IV) a court or the Board of Immigration Appeals orders a remand to an immigration judge or the Board of Immigration Appeals, during the time period when the case is pending a decision on remand (with the removal period beginning anew on the date that the alien is ordered removed on remand). ``(ii) Renewal.--If the removal period has been extended under clause (i), a new removal period shall be deemed to have begun on the date on which-- ``(I) the alien makes all reasonable efforts to comply with the removal order, or to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order; ``(II) the stay of removal is no longer in effect; or ``(III) the alien is returned to the custody of the Secretary. ``(iii) Mandatory detention for certain aliens.--The Secretary shall keep an alien described in subparagraphs (A) through (D) of section 236(c)(1) in detention during the extended period described in clause (i). ``(iv) Sole form of relief.--An alien may only seek relief from detention under this subparagraph by filing an application for a writ of habeas corpus in accordance with chapter 153 of title 28, United States Code. No alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond.''; (3) in paragraph (3)-- (A) in the matter preceding subparagraph (A), by inserting ``or is not detained pursuant to paragraph (6)'' after ``the removal period''; and (B) by amending subparagraph (D) to read as follows: ``(D) to obey reasonable restrictions on the alien's conduct or activities that the Secretary prescribes for the alien-- ``(i) to prevent the alien from absconding; ``(ii) for the protection of the community; or ``(iii) for other purposes related to the enforcement of Federal immigration laws.''; (4) in paragraph (4)(A), by striking ``paragraph (2)'' and inserting ``subparagraph (B)''; and (5) by amending paragraph (6) to read as follows: ``(6) Additional rules for detention or release of certain aliens.-- ``(A) Detention review process for cooperative aliens established.-- ``(i) In general.--The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien who is not otherwise subject to mandatory detention, who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, and who has not conspired or acted to prevent removal should be detained or released on conditions. ``(ii) Determination.--The Secretary of Homeland Security shall make a determination whether to release an alien after the removal period in accordance with subparagraph (B), which-- ``(I) shall include consideration of any evidence submitted by the alien; and ``(II) may include consideration of any other evidence, including-- ``(aa) any information or assistance provided by the Secretary of State or other Federal official; and ``(bb) any other information available to the Secretary of Homeland Security pertaining to the ability to remove the alien. ``(B) Authority to detain beyond removal period.-- ``(i) In general.--The Secretary of Homeland Security may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)). An alien whose detention is extended under this subparagraph shall not have the right to seek release on bond. ``(ii) Specific circumstances.--The Secretary of Homeland Security may continue to detain an alien beyond the 90 days authorized under clause (i)-- ``(I) until the alien is removed, if the Secretary determines that there is a significant likelihood that the alien-- ``(aa) will be removed in the reasonably foreseeable future; ``(bb) would be removed in the reasonably foreseeable future; or ``(cc) would have been removed if the alien had not-- ``(AA) failed or refused to make all reasonable efforts to comply with the removal order; ``(BB) failed or refused to cooperate fully with the Secretary's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure; or ``(CC) conspired or acted to prevent removal; ``(II) until the alien is removed, if the Secretary of Homeland Security certifies in writing-- ``(aa) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety; ``(bb) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States; ``(cc) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; ``(dd) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or of any person; ``(ee) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)) or of 1 or more crimes identified by the Secretary of Homeland Security by regulation, or of 1 or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, if the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; or ``(ff) the alien has committed 1 or more crimes of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) and, because of a mental condition or personality disorder and behavior associated with that condition or disorder, the alien is likely to engage in acts of violence in the future; or ``(III) pending a certification under subclause (II), if the Secretary of Homeland Security has initiated the administrative review process not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)). ``(iii) No right to bond hearing.--An alien whose detention is extended under this subparagraph shall not have a right to seek release on bond, including by reason of a certification under clause (ii)(II). ``(C) Renewal and delegation of certification.-- ``(i) Renewal.--The Secretary of Homeland Security may renew a certification under subparagraph (B)(ii)(II) every 6 months after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew a certification, the Secretary may not continue to detain the alien under subparagraph (B)(ii)(II). ``(ii) Delegation.--Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in item (bb), (cc), or (dd) of subparagraph (B)(ii)(II) below the level of the Assistant Secretary for Immigration and Customs Enforcement. ``(iii) Hearing.--The Secretary of Homeland Security may request that the Attorney General or the Attorney General's designee provide for a hearing to make the determination described in subparagraph (B)(ii)(II)(dd)(BB). ``(D) Release on conditions.--If it is determined that an alien should be released from detention by a Federal court, the Board of Immigration Appeals, or if an immigration judge orders a stay of removal, the Secretary of Homeland Security may impose conditions on release as provided under paragraph (3). ``(E) Redetention.-- ``(i) In general.--The Secretary of Homeland Security, without any limitations other than those specified in this section, may detain any alien subject to a final removal order who is released from custody if-- ``(I) removal becomes likely in the reasonably foreseeable future; ``(II) the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph (A); or ``(III) upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (B). ``(ii) Applicability.--This section shall apply to any alien returned to custody pursuant to this subparagraph as if the removal period terminated on the day of the redetention. ``(F) Review of determinations by secretary.--A determination by the Secretary under this paragraph shall not be subject to review by any other agency.''. SEC. 5. CRIME OF VIOLENCE DEFINED. Section 16(b) of title 18, United States Code, is amended-- (1) by striking ``by its nature, involves'' and inserting ``based on the facts of the offense, involved''; and (2) by striking ``may be used'' and inserting ``may have been used''. SEC. 6. SEVERABILITY. If any of the provisions of this Act, any amendment made by this Act, or the application of any such provision to any person or circumstance, is held to be invalid for any reason, the remainder of this Act, the amendments made by this Act, and the application of the provisions and amendments made by this Act to any other person or circumstance shall not be affected by such holding. SEC. 7. EFFECTIVE DATES. (a) Apprehension and Detention of Aliens.--The amendments made by section 3 shall take effect on the date of the enactment of this Act. Section 236 of the Immigration and Nationality Act, as amended by section 3, shall apply to any alien in detention under the provisions of such section on or after such date of enactment. (b) Aliens Ordered Removed.--The amendments made by section 4 shall take effect on the date of the enactment of this Act. Section 241 of the Immigration and Nationality Act, as amended by section 4, shall apply to-- (1) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; and (2) acts and conditions occurring or existing before, on, or after such date of enactment. &lt;all&gt; </pre></body></html>
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118S334
Retain Skilled Veterans Act
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "L000577", "Sen. Lee, Mike [R-UT]", "cosponsor" ], [ "R000615", "Sen. Romney, Mitt [R-UT]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "C001056", "Sen. Cornyn, John [R-TX]", "cosponsor" ], [ "O000174", "Sen. Ossoff, Jon [D-GA]", "cosponsor" ], [ "W000790", "Sen. Warnock, Raphael G. [D-GA]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 334 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 334 To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Lankford (for himself, Ms. Sinema, Mr. Lee, Mr. Romney, Mr. Braun, Mr. Cornyn, Mr. Ossoff, and Mr. Warnock) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS-14 level. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Retain Skilled Veterans Act''. SEC. 2. LIMITATION ON APPOINTMENT OF RETIRED MEMBERS OF THE ARMED FORCES TO CERTAIN POSITIONS IN THE DEPARTMENT OF DEFENSE. (a) In General.--Section 3326 of title 5, United States Code, is amended-- (1) in the section heading, by inserting ``certain'' before ``positions''; and (2) in subsection (b)-- (A) by striking ``appointed'' and all that follows through ``Defense'' and inserting ``appointed to a position in the excepted or competitive service classified at or above GS-14 of the General Schedule (or equivalent) in or under the Department of Defense''; and (B) in paragraph (1), by striking ``for the purpose'' and all that follows through ``Management''. (b) Clerical Amendment.--The table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting ``certain'' before ``positions''. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security" ]
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118S335
Service Contract Modernization Act
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ] ]
<p><strong>Service Contract Modernization Act</strong></p> <p>This bill increases a threshold used to determine whether an employee of a federal services contractor or subcontractor is entitled to wages and fringe benefits prevailing in the locality where services are performed (or in a predecessor contractor's collective bargaining agreement).</p> <p>Under current law, a federal contractor or subcontractor that enters into a service contract in excess of $2,500 must comply with prevailing wage and related requirements. This bill increases that amount by adjusting it for inflation since 1965 and provides for future increases based on inflation.<br> </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 335 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 335 To establish a socioeconomic labor threshold and use that threshold for purposes of chapter 67 of title 41, United States Code. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To establish a socioeconomic labor threshold and use that threshold for purposes of chapter 67 of title 41, United States Code. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Service Contract Modernization Act''. SEC. 2. SOCIOECONOMIC LABOR THRESHOLD. (a) In General.--For purposes of this Act, the socioeconomic labor threshold is-- (1) for the period beginning on the date of enactment of this Act and ending on October 1 following such date of enactment, the amount determined by the Secretary of Labor under subsection (b)(1); and (2) for each 1-year period beginning on October 1 following such date of enactment, the amount determined by the Secretary of Labor under subsection (b)(2). (b) Inflation Adjustments.-- (1) Initial period.--The amount determined under this paragraph for the period described in subsection (a)(1) shall be $2,500 as-- (A) increased by the percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, comparing-- (i) such Consumer Price Index for October of 1965; and (ii) such Consumer Price Index for the most recent month as of the date of enactment of this Act for which such Consumer Price Index is available; and (B) (if applicable), rounded to the nearest multiple of $100. (2) Subsequent periods.-- (A) In general.--The amount determined under this paragraph for the applicable period described in subsection (a)(2) shall be the amount in effect on the date of such determination as-- (i) increased (if applicable) from such amount by the annual percentage increase, if any, in the Consumer Price Index for All Urban Consumers (all items; United States city average), as published by the Bureau of Labor Statistics, from the preceding year as calculated in accordance with subparagraph (B); and (ii) (if applicable) rounded to the nearest multiple of $100. (B) Consumer price index.--In making the determination under subparagraph (A) and calculating the percentage increase in the Consumer Price Index for All Urban Consumers under subparagraph (A)(i), the Secretary of Labor shall compare the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the calendar year in which such determination is made with the Consumer Price Index for All Urban Consumers (all items; United States city average), as determined by the Bureau of Labor Statistics, for June of the preceding calendar year. (C) Rule of construction.--With respect to a determination under subparagraph (A) of the amount in effect under this paragraph for an applicable period under subsection (a)(2), if there is not an annual percentage increase in the Consumer Price Index for All Urban Consumers (all items; United States city average) from the preceding year as described in subparagraph (A)(i), the amount in effect under this subsection for such applicable period shall be the amount in effect under subsection (a) on the date of such determination. SEC. 3. AMENDMENTS TO THE MCNAMARA-O'HARA SERVICE CONTRACT ACT. (a) Definition.--Section 6701 of title 41, United States Code, is amended-- (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: ``(4) Socioeconomic labor threshold.--The term `socioeconomic labor threshold' means the socioeconomic labor threshold established under section 2 of the Service Contract Modernization Act.''. (b) Applicability Threshold.--Section 6702(a)(2) of title 41, United States Code, is amended to read as follows: ``(2) involves an amount exceeding-- ``(A) for contracts and bid specifications made prior to the date of enactment of the Service Contract Modernization Act, $2,500; and ``(B) for contracts and bid specifications made on or after such date of enactment, the socioeconomic labor threshold.''. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics", "Employee benefits and pensions", "Inflation and prices", "Public contracts and procurement", "Wages and earnings" ]
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118S336
Senator James L. Buckley Seashore Designation Act
[ [ "S001198", "Sen. Sullivan, Dan [R-AK]", "sponsor" ] ]
<p><strong>Senator James L. Buckley Seashore Designation Act</strong></p> <p>This bill designates the Staten Island Unit of the Gateway National Recreation Area in New York as the Senator James L. Buckley Seashore.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 336 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 336 To designate the Staten Island Unit of the Gateway National Recreation Area as the ``Senator James L. Buckley Seashore''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To designate the Staten Island Unit of the Gateway National Recreation Area as the ``Senator James L. Buckley Seashore''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Senator James L. Buckley Seashore Designation Act''. SEC. 2. DESIGNATION OF SENATOR JAMES L. BUCKLEY SEASHORE. (a) Designation.--The Staten Island Unit of the Gateway National Recreation Area described in subsection (a)(4) of the first section of Public Law 92-592 (16 U.S.C. 460cc) is designated as the ``Senator James L. Buckley Seashore''. (b) References.--Any reference in a law, map, regulation, document, record, or other paper of the United States to the unit of the Gateway National Recreation Area described in subsection (a) shall be considered to be a reference to the ``Senator James L. Buckley Seashore''. &lt;all&gt; </pre></body></html>
[ "Public Lands and Natural Resources" ]
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118S337
Replenishing Our American Reserves Act
[ [ "S001198", "Sen. Sullivan, Dan [R-AK]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 337 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 337 To amend the Energy Policy and Conservation Act to require that the Strategic Petroleum Reserve contain petroleum products produced or refined in the United States, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To amend the Energy Policy and Conservation Act to require that the Strategic Petroleum Reserve contain petroleum products produced or refined in the United States, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Replenishing Our American Reserves Act'' or the ``ROAR Act''. SEC. 2. PRIORITIZING DOMESTIC PETROLEUM PRODUCTS FOR REFILL OF THE STRATEGIC PETROLEUM RESERVE. (a) In General.--Section 160(c) of the Energy Policy and Conservation Act (42 U.S.C. 6240(c)) is amended-- (1) in the first sentence of the matter preceding paragraph (1), by inserting ``products'' after ``petroleum''; (2) in paragraph (5), by striking ``and'' after the semicolon; (3) by redesignating paragraph (6) as paragraph (7); and (4) by inserting after paragraph (5) the following: ``(6) effective on the date of enactment of the ROAR Act, ensure that only petroleum products that have been produced or refined in the United States are acquired and injected into the Reserve; and''. (b) Regulation Updates.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall promulgate appropriate regulations to update procedures for the acquisition of petroleum products for the Strategic Petroleum Reserve in accordance with the amendments made by this section. SEC. 3. LIMITATION ON THE IMPORT OF PETROLEUM PRODUCTS FROM CERTAIN COUNTRIES. (a) In General.--Section 160 of the Energy Policy and Conservation Act (42 U.S.C. 6240) is amended-- (1) by redesignating subsections (f) and (h) as subsections (d) and (e), respectively; and (2) by adding at the end the following: ``(f) Limitation on Filling the Strategic Petroleum Reserve.-- ``(1) Definitions.--In this subsection: ``(A) Covered country.--The term `covered country' means-- ``(i) Algeria; ``(ii) Angola; ``(iii) The Democratic Republic of the Congo; ``(iv) Equatorial Guinea; ``(v) Gabon; ``(vi) Iran; ``(vii) Iraq; ``(viii) Kuwait; ``(ix) Libya; ``(x) Nigeria; ``(xi) The People's Republic of China; ``(xii) The Russian Federation; ``(xiii) Saudi Arabia; ``(xiv) United Arab Emirates; and ``(xv) Venezuela. ``(B) Production.--The term `production', with respect to a petroleum product, does not include the refining of that petroleum product. ``(2) Limitation.--The Strategic Petroleum Reserve may not be filled with a petroleum product imported from-- ``(A) a covered country; or ``(B) a foreign country other than a covered country, unless the Secretary submits to Congress a certification that all means of increasing production of petroleum products in the United States has been exhausted, including-- ``(i) increasing the availability of Federal land for leasing; and ``(ii) increasing the number of applications for permits to drill; and ``(3) Consultation.--In carrying out paragraph (2), the Secretary shall consult with-- ``(A) the Secretary of Agriculture; ``(B) the Secretary of the Interior; and ``(C) the Secretary of Defense.''. (b) Conforming Amendments.--Section 167 of the Energy Policy and Conservation Act (42 U.S.C. 6247) is amended-- (1) in subsection (b)(3), by striking ``section 160(f)'' and inserting ``section 160(d)''; and (2) in subsection (d), in the matter preceding paragraph (1), by striking ``section 160(f)'' and inserting ``section 160(d)''. SEC. 4. PROHIBITION ON EXPORT AND SALE OF STRATEGIC PETROLEUM RESERVE PRODUCTS. Section 161(i) of the Energy Policy and Conservation Act (42 U.S.C. 6241(i)) is amended-- (1) by striking ``(i) Notwithstanding any other law'' and inserting the following: ``(i) Refine or Exchange Outside the United States.-- ``(1) In general.--Notwithstanding any other provision of law and subject to paragraphs (2) and (3)''; and (2) by inserting after paragraph (1) (as so designated) the following: ``(2) Prohibition on export of strategic petroleum reserve petroleum products.--Notwithstanding any other provision of law, with respect to the drawdown and sale at auction of petroleum products from the Strategic Petroleum Reserve under this section after the date of enactment of this paragraph, the Secretary shall require as a condition of the sale that the petroleum products shall not be exported to a country that is designated as a country of particular concern for religious freedom under section 402(b)(1)(A)(ii) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(ii)). ``(3) Requirements applicable to certain state-owned entities.--Notwithstanding any other provision of law, with respect to the drawdown and sale at auction of petroleum products from the Strategic Petroleum Reserve under this section after the date of enactment of this paragraph, if the Secretary determines that there is in effect a United States ban on, or the imposition of sanctions by the United States with respect to, the purchase of crude oil from 1 or more countries, the Secretary shall not sell petroleum products to a State-owned entity participating in the auction unless that State-owned entity submits to the Secretary a certification that the State-owned entity has not purchased any petroleum products from a country subject to such a ban or sanctions after the date that is 15 days after the date on which the ban or sanctions took effect.''. SEC. 5. STUDY ON REMOTE CRUDE OIL AND NATURAL GAS RESERVE. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall prepare and submit to Congress a report regarding the feasibility of establishing a reserve, to be known as the ``Remote Crude Oil and Natural Gas Reserve'', subject to subsections (b) and (c), consisting of crude oil and natural gas to be acquired and stored by the United States, in place, pursuant to a contract or other agreement or arrangement between the United States and an individual or entity that discovered the oil or gas in a remote area described in subsection (c). (b) Purpose.--The purpose of the Remote Crude Oil and Natural Gas Reserve shall be-- (1) consistent with the purposes described in section 2 of the Energy Policy and Conservation Act (42 U.S.C. 6201); and (2) to ensure-- (A) the long-term capability to increase the energy supply of the United States and allies of the United States; and (B) to the maximum extent practicable, that energy costs remain affordable for United States consumers. (c) Locations.--The Remote Crude Oil and Natural Gas Reserve shall include facilities located in, as applicable-- (1) the State of Alaska; and (2) any other area of the United States in close proximity to a qualified opportunity zone designated under section 1400Z- 1 of the Internal Revenue Code of 1986. &lt;all&gt; </pre></body></html>
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118S338
IRS Funding Accountability Act
[ [ "T000250", "Sen. Thune, John [R-SD]", "sponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "C001056", "Sen. Cornyn, John [R-TX]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "J000293", "Sen. Johnson, Ron [R-WI]", "cosponsor" ], [ "L000575", "Sen. Lankford, James [R-OK]", "cosponsor" ], [ "S001184", "Sen. Scott, Tim [R-SC]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "Y000064", "Sen. Young, Todd [R-IN]", "cosponsor" ] ]
<p> <strong>IRS Funding Accountability Act </strong></p> <p>This bill delays for a 60-day period funding for the Internal Revenue Service (IRS) enforcement activities enacted by the Inflation Reduction Act of 2022 (except for eliminating return processing backlogs and reducing call wait times) until an annual spending plan for such activities is submitted to the congressional tax and appropriation committees. Congress may enact a joint resolution of disapproval of the spending plan before the end of the 60-day period requiring the IRS to submit a new spending plan. </p> <p>The IRS and the Department of the Treasury must make quarterly reports to the committees on expenditures for enforcement activities. The bill requires reductions in IRS appropriations for any failure to submit required reports.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 338 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 338 To provide accountability for funding provided to the Internal Revenue Service and the Department of Treasury under Public Law 117-169. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Thune (for himself, Mr. Grassley, Mr. Barrasso, Mrs. Blackburn, Mr. Cassidy, Mr. Cornyn, Mr. Crapo, Mr. Daines, Mr. Johnson, Mr. Lankford, Mr. Scott of South Carolina, Mr. Tillis, and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To provide accountability for funding provided to the Internal Revenue Service and the Department of Treasury under Public Law 117-169. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``IRS Funding Accountability Act''. SEC. 2. ANNUAL COMPREHENSIVE SPENDING PLAN FOR INCREASED INTERNAL REVENUE SERVICE RESOURCES. (a) Limitation on Funding.-- (1) Initial plan.-- (A) In general.--None of the funds described in paragraph (3) may be obligated during the period-- (i) beginning on the date of the enactment of this Act; and (ii) ending on the date that is 60 days after the spending plan described in subsection (b)(1)(A) has been submitted. (B) Additional moratorium.--If Congress enacts a joint resolution of disapproval described in subsection (c) with respect to the Internal Revenue Service spending plan before the date described in subparagraph (A)(ii), then-- (i) the Commissioner of Internal Revenue shall submit a new spending plan under subsection (b)(1)(A); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such new spending plan is submitted. (2) Subsequent submissions.-- (A) In general.--None of the funds described in paragraph (3) may be obligated during any period-- (i) beginning on the date Congress has enacted a joint resolution of disapproval under subsection (c) with respect to any spending plan described in subsection (b)(1)(B); and (ii) ending on the date that is 60 days after the date on which the Commissioner of Internal Revenue has submitted a new spending plan under such subsection. (B) Additional moratorium.--If Congress enacts a joint resolution of disapproval described in subsection (c) with respect to any new spending plan submitted under subparagraph (A)(ii) before the date that is 60 days after the date on which such new spending plan has been submitted, then-- (i) the Commissioner of Internal Revenue shall submit an additional new spending plan under subsection (b)(1)(B); and (ii) the period described in subparagraph (A) shall not end before the date that is 60 days after such additional new spending plan is submitted. (3) Funds described.--The funds described in this paragraph are the following: (A) Any funds made available under clause (ii), (iii), or (iv) of section 10301(1)(A) of Public Law 117-169. (B) Any funds made available under section 10301(1)(A)(i) of Public Law 117-169 other than funds used for the following purposes: (i) Eliminating any correspondence or return processing backlog. (ii) Reducing call wait times for taxpayers and tax professionals. (b) Annual Comprehensive Spending Plan.-- (1) In general.-- (A) Initial plan.--Not later than 60 days after the date of the enactment of this Act, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2). (B) Subsequent submissions.-- (i) In general.--For each fiscal year beginning after the plan described in subparagraph (A) is submitted and ending with fiscal year 2031, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a spending plan described in paragraph (2) on the date that the President submits the budget required under section 1105(a) of title 31, United States Code. (ii) Reduction in appropriation.-- (I) In general.--In the case of any failure to submit a plan required under clause (i) by the date that is 7 days after the date the plan is required to be submitted and, the amounts made available under section 10301(1)(A)(ii) of Public Law 117-169 shall be reduced by $10,000,000 for each day after such required date that report has not been submitted. (II) Required date.--For purposes of this clause, the term ``required date'' means, with respect to any plan required under this subparagraph, the date that is 7 days after such plan is required to be submitted. (2) Spending plan.-- (A) In general.--A spending plan described in this subparagraph is a plan that-- (i) details how the funds appropriated under section 10301(1) of Public Law 117-169 will be spent over-- (I) the period consisting of the current fiscal year and the next 4 fiscal years ending before fiscal year 2032; and (II) the period of consisting of the current fiscal year through the fiscal year ending with fiscal year 2031 (if such period includes any period not described in subclause (I)); (ii) contains the information described in subparagraph (B); (iii) has been reviewed by-- (I) the Internal Revenue Service Advisory Council; (II) the Comptroller of the United States; (III) the National Taxpayer Advocate; and (IV) the Director of the Office of Management and Budget; and (iv) has been approved by the Director of the Office of Management and Budget. (B) Plan contents.--The information described in this paragraph is the following: (i) A detailed explanation of the plan, including-- (I) costs and results to date, actual expenditures of the prior fiscal year, actual and expected expenditures of the current fiscal year, upcoming deliverables and expected costs, and total expenditures; (II) clearly defined objectives, timelines, and metrics for quantitatively measuring the plan's annual progress, including with respect to measuring improvements in taxpayer services, revenue collection, information technology, cybersecurity, and taxpayer data protections; and (III) a description of any differences between metrics described in subclause (II) and corresponding metrics used by the National Taxpayer Advocate, the Comptroller General of the United States, and Treasury Inspector General for Tax Administration. (ii) A detailed analysis of the performance of the Internal Revenue Service with respect to the delivery of taxpayer services, including-- (I) the Level of Service (LOS) of phone lines (as a percent of phone calls answered by an Internal Revenue Service employee, not to include courtesy disconnects or automated call backs); (II) the median and average wait time to speak to a representative of the Internal Revenue Service; (III) the amount of unprocessed taxpayer correspondence, including tax returns, responses to Internal Revenue Service notices, tax payments, and other similar types of correspondence; and (IV) the median and average length of time for processing the items described in subclause (III) and processing refund claims. (iii) An analysis identifying any increase or decrease in total annual audits and annual audit rates by income group for the period beginning in 2018 and ending with the year the report is submitted. Such analysis shall include a detailed description of what constitutes an ``audit'' by the Internal Revenue Service, and if the definition of an ``audit'' used by the Internal Revenue Service differs from the definition used by the National Taxpayer Advocate, the Comptroller General of the United States, or the Treasury Inspector General for Tax Administration, there shall also be included an analysis using such divergent definition. (iv) A categorizing of the number of audits for each year in the analysis described in clause (iv) which were-- (I) correspondence audits; (II) office audits; (III) field audits; (IV) audits under the Internal Revenue Service National Research Program; and (V) other audits. (v) A description of all taxpayer compliance actions or initiatives undertaken using funding appropriated under section 10301(1)(A) of Public Law 117-169 that do not rise to the level of an audit, with each action broken out by the total number of such actions undertaken for each income group and as a percentage of taxpayers in each income group. (vi) An explanation of any unresolved or outstanding recommendations made by the Government Accountability Office and Treasury Inspector General for Tax Administration pertaining to taxpayer-data privacy protections, Internal Revenue Service taxpayer services, and Internal Revenue Service technology modernization efforts that are addressed by the plan and a description of how they are addressed. (vii) For any recommendations identified by Government Accountability Office and Treasury Inspector General for Tax Administration as ``high risk'' or ``priority'' that are not addressed in the plan, an explanation of why such recommendations are not addressed in the plan. (3) Testimony of relevant officials.--Not later than 30 days after any spending plan described in paragraph (2) has been submitted, the Secretary of the Treasury and the Commissioner of Internal Revenue shall testify in person before any of the appropriate Congressional committees that request their testimony with respect to such spending plan. (4) Requirement to notify of excess spending.--The Commissioner of Internal Revenue shall immediately notify the appropriate Congressional committees if actual obligations and expenditures for any account for any period for which projections are made in a plan submitted under paragraph (2) exceed the amount of obligations and expenditures projected for such account in such plan by 5 percent or more. (c) Joint Resolution of Disapproval of the IRS Comprehensive Spending Plan.-- (1) In general.--For purposes of this section, the term ``joint resolution of disapproval of the IRS comprehensive spending plan'' means only a joint resolution introduced in the period beginning on the date on which a spending plan submitted pursuant to subsection (b)(1)(A) is received by the appropriate Congressional committees and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: ``That Congress disapproves the plan submitted on ____ by the Internal Revenue Service relating to the comprehensive spending plan under section 2(b)(1) of the IRS Funding Accountability Act with respect to fiscal year ___.''. (The blank spaces being appropriately filled in). (2) Application of congressional review act disapproval procedures.-- (A) In general.--The rules of section 802 of title 5, United States Code, shall apply to a joint resolution of disapproval of the IRS comprehensive spending plan in the same manner as such rules apply to a joint resolution described in subsection (a) of such section. (B) Exercise of rulemaking authority.--This section is enacted by Congress-- (i) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution of disapproval of the IRS comprehensive spending plan described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. SEC. 3. QUARTERLY REPORTS. (a) Internal Revenue Service.-- (1) In general.--Not later than 14 days after the last day of each calendar quarter beginning during the applicable period, the Commissioner of Internal Revenue shall submit to the appropriate Congressional committees a report on any expenditures and obligations of funds appropriated under section 10301(1) of Public Law 117-169. (2) Matters included.--The report provided under paragraph (1) shall include the following: (A) A plain language description of the specific actions taken by the Commissioner of Internal Revenue utilizing any funds appropriated under section 10301(1) of Public Law 117-169. (B) The obligations and expenditures during the quarter of funds appropriated under section 10301(1) of Public Law 117-169 and the expected expenditure of such funds in the subsequent quarter, including a comparison of obligations and expenditures between amounts spent for taxpayers services and amounts spent for examinations and collections by each division or office of the Internal Revenue Service, including the Large Business and International Division, the Small Business/Self Employed Division, the Tax-Exempt and Government Entities Division, the Wage and Investment Division, the Criminal Investigation Office, the Whistleblower Office, and the Office of the Taxpayer Advocate. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Internal Revenue Service, including the number of new hires, the primary function or activity type of each new hire, and the specific Division or Office to which each new hire is tasked. (D) The number of new employees that have passed a security clearance compared to the number of new employees hired to a position requiring a security clearance, along with an indication of whether any new employee that has not passed a security clearance or suitability determination has access to taxpayer return information (as defined by section 6103(b)(2) of the Internal Revenue Code of 1986). (E) A detailed description of any violation of the fair tax collection practices described in section 6304 of the Internal Revenue Code of 1986 by any employees, contractors, or other staff described in subparagraph (C) (including violations tracked in Automated Labor and Employee Relations Tracking System (ALERTS) of the Human Capital Office of the Internal Revenue Service). (F) The status of recommendations provided by the Government Accountability Office and Treasury Inspector General for Tax Administration which have been identified as being addressed by a spending plan under section 2(b)(1), including whether the implementation of such recommendations has been completed, is in progress, or is open (including the expected date of completion for any recommendations identified as in progress or open). (3) Reduction in appropriation.--In the case of any failure to submit a report required under paragraph (1) by the required date, the amounts made available under section 10301(1)(A)(ii) of Public Law 117-169 shall be reduced by $1,000,000 for each day after such required date that report has not been submitted. (b) Department of Treasury.-- (1) In general.--Not later than 14 days after the last day of each calendar quarter beginning during the applicable period, the Secretary of the Treasury shall submit to the appropriate Congressional committees a report containing the following information: (A) A plain-language description of the actions taken by the Secretary of the Treasury utilizing any funds appropriated under paragraph (1), (3), or (5)of section 10301 of Public Law 117-169. Any action which is described in a report made under subsection (a) may be described by reference to the action in such report. (B) A detailed description of the specific purposes to which the funds appropriated under section 10301(3) of Public Law 117-169 has been (or is expected to be) obligated. (C) A description of any new full-time or full-time equivalent (FTE) employees, contractors, or other staff hired by the Secretary utilizing funds appropriated under section 10301 of Public Law 117-169, including the number of new hires and whether the duties of each new hire includes any functions related to the Internal Revenue Service (including implementation of tax policies, enforcement, regulations, research, press or communications, or other purposes). (D) A detailed description and explanation of any changes to the most recent Priority Guidance Plan of the Department of the Treasury and the Internal Revenue Service involving guidance projects that utilize any funds appropriated under section 10301 of Public Law 117-169 or which are related to the implementation of any provision of or amendment made by such Public Law. (E) A description of any new initiatives planned to be undertaken by the Department of the Treasury within the existing or subsequent fiscal year which will (or may) utilize funds appropriated under section 10301 of Public Law 117-169. (2) Reduction in appropriation.--In the case of any failure to submit a report required under paragraph (1) by the required date-- (A) the amounts made available under paragraphs (3) of section 10301 of Public Law 117-169 shall be reduced by $666,667 for each day after such required date that report has not been submitted, and (B) the amounts made available under paragraphs (5) of section 10301 of Public Law 117-169 shall be reduced by $333,333 for each day after such required date that report has not been submitted, and (c) Definitions.--For purposes of this section-- (1) Applicable period.--The term ``applicable period'' means the period beginning after the date the plan under section 2(b)(1)(A) is required to be submitted and ending on September 30, 2031. (2) Required date.--The term ``required date'' means, with respect to any report required to be submitted under subsection (a) or (b), the date that is 7 days after the date the report is required to be submitted. SEC. 4. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED. For purposes of this Act, the term ``appropriate Congressional committees'' means-- (1) the Committee on Finance of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Ways and Means of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. &lt;all&gt; </pre></body></html>
[ "Taxation" ]
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118S339
Department of Defense Improved Hiring Act
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ] ]
<p><b>Department of Defense Improved Hiring Act</b></p> <p>This bill makes permanent the Department of Defense (DOD) direct hire authority for domestic defense industrial base facilities (i.e., any DOD depot, arsenal, or shipyard in the United States), the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 339 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 339 To amend title 10, United States Code, to make permanent the direct hire authority of the Secretary of Defense for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend title 10, United States Code, to make permanent the direct hire authority of the Secretary of Defense for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Defense Improved Hiring Act''. SEC. 2. MAKING PERMANENT THE DIRECT HIRE AUTHORITY FOR DOMESTIC DEFENSE INDUSTRIAL BASE FACILITIES, THE MAJOR RANGE AND TEST FACILITIES BASE, AND THE OFFICE OF THE DIRECTOR OF OPERATIONAL TEST AND EVALUATION. (a) Codification of Section 1125 of FY 2017 NDAA.--Chapter 81 of title 10, United States Code, is amended by adding at the end a new section consisting of-- (1) a heading as follows: ``Sec. 1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation''; and (2) a text consisting of the text of section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.). (b) Conforming Amendments in Connection With Codification.--Section 1599j of title 10, United States Code, as added by subsection (a), is amended-- (1) in subsection (a)-- (A) by striking ``During each of fiscal years 2017 through 2025, the Secretary'' and inserting ``The Secretary''; and (B) by striking ``United States Code,''; and (2) in subsection (b)-- (A) by striking ``During fiscal years 2017 through 2021, the Secretary'' and inserting ``The Secretary''; and (B) by striking ``United States Code,''. (c) Clerical Amendment.--The table of sections at the beginning of chapter 81 of such title is amended by adding at the end the following new item: ``1599j. Direct hire authority for domestic defense industrial base facilities, the Major Range and Test Facilities Base, and the Office of the Director of Operational Test and Evaluation.''. (d) Conforming Repeal.--Section 1125 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. 1580 note prec.) is repealed. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security", "Department of Defense", "Employee hiring", "Government employee pay, benefits, personnel management", "Military facilities and property" ]
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118S34
Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ] ]
<p><b>Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2023</b></p> <p>This bill directs the Department of Energy (DOE) to establish a loan program for the production of energy grid products or components. Under the program, DOE may provide loans for activities related to projects that reequip, expand, or establish manufacturing facilities to produce energy grid products or their components. Energy grid products include large power transformers or any other electrical equipment commonly used for the transmission or distribution of electric energy by public electric utilities.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 34 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 34 To require the Secretary of Energy to establish a program to provide loans to manufacturers of energy grid products and components. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To require the Secretary of Energy to establish a program to provide loans to manufacturers of energy grid products and components. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Facilitating the Reshoring of Energy Grid Component Manufacturing Act of 2023''. SEC. 2. ENERGY GRID PRODUCT AND COMPONENT MANUFACTURING IN THE UNITED STATES. (a) Definitions.--In this section: (1) Component.--The term ``component'' means any part or element of an energy grid product. (2) Eligible project.--The term ``eligible project'' means a project to reequip, expand, or establish (including through new construction) a manufacturing facility in the United States to produce energy grid products or components. (3) Energy grid product.--The term ``energy grid product'' means-- (A) a bulk-power system (as defined in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a))); (B) a large power transformer; (C) a switchgear or breaker; (D) a converter; (E) a direct current filter; (F) an alternating current switch or switchyard; (G) an insulated-gate bipolar transistor; (H) a capacitor; (I) an inductor; (J) an arrestor; (K) a resistor; (L) a distribution transformer; (M) grain-oriented electrical steel; (N) continuously transposed conduction (CTC) copper wire; (O) silicon steel; (P) any insulating material; and (Q) any other electrical equipment commonly used for the transmission or distribution of electric energy by public electric utilities. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Loan Program.-- (1) Establishment.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, and subject to the availability of appropriated funds, the Secretary shall establish and carry out a program to provide a total of not more than $8,000,000,000 in loans to eligible individuals and entities (as determined by the Secretary) for the costs of activities relating to eligible projects. (B) Financing method.-- (i) In general.--Except as provided in clause (ii), a loan under this subsection shall be provided through the Federal Financing Bank, with the full faith and credit of the United States Government on the principal and interest. (ii) Cooperation with other institutions.-- A loan under this subsection may be provided in cooperation with 1 or more banks or other financial institutions through agreements to participate on an immediate or deferred (guaranteed) basis. (C) Credit subsidy.--The full credit subsidy for each loan provided under this subsection shall be paid by the Secretary using appropriated funds. (2) Application.--An individual or entity desiring a loan under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a written assurance that-- (A) all laborers and mechanics employed by contractors or subcontractors during any construction, alteration, or repair that is financed, in whole or in part, by a loan provided under this subsection shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; and (B) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code. (3) Selection of loan recipients and eligible projects.-- (A) In general.--The Secretary may provide a loan under this subsection if the Secretary determines that-- (i) the loan recipient-- (I) has a reasonable prospect of repaying the principal and interest on the loan; (II) will provide sufficient information to the Secretary for the Secretary to ensure that the loan proceeds are expended efficiently and effectively; and (III) has met such other criteria as may be established and published by the Secretary; and (ii) the amount of the loan (when combined with amounts available to the loan recipient from other sources) will be sufficient to carry out the eligible project for which the loan is provided. (B) Reasonable prospect of repayment.--The Secretary shall base a determination of whether there is a reasonable prospect of repayment of the principal and interest on a loan under subparagraph (A)(i)(I) on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest, including, as applicable, an evaluation of-- (i) the strength of the contractual terms of the applicable eligible project (if commercially reasonably available); (ii) the forecast of noncontractual cash flows supported by market projections from reputable sources, as determined by the Secretary; (iii) cash sweeps and other structure enhancements; (iv) the projected financial strength of the loan recipient-- (I) at the time of loan close; and (II) throughout the loan term after the applicable eligible project is completed; (v) the financial strength of the investors and strategic partners of the loan recipient, if applicable; and (vi) other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies, as determined to be appropriate by the Secretary. (4) Rates, terms, and repayment of loans.--A loan provided under this subsection-- (A) shall have an interest rate that, as of the date on which the loan is provided, is equal to the cost of funds to the Department of the Treasury for obligations of comparable maturity; (B) shall have a term equal to the lesser of-- (i) the projected life, in years, of the eligible project to be carried out using proceeds from the loan, as determined by the Secretary; and (ii) 20 years; (C) may be subject to a deferral in repayment for not more than 5 years after the date on which the eligible project carried out using proceeds from the loan first begins operations, as determined by the Secretary; (D) shall be made by the Federal Financing Bank; and (E) shall be subject to the condition that the loan is not subordinate to other financing. (5) Conflicts of interest.--For each loan provided under this subsection, the Secretary shall certify that political influence did not affect the provision of the loan, including-- (A) selection of the eligible project for which the loan was provided; and (B) selection of the loan recipient. (6) Administrative fee.--The Secretary may charge a fee for the administrative and closing costs of a loan provided under this subsection, subject to the condition that the fee does not exceed the lesser of-- (A) $100,000; and (B) 10 basis points of the principal amount of the loan. (c) Improvement.--Not later than 90 days after the date of enactment of this Act, the Secretary shall promulgate an interim final rule establishing regulations that the Secretary determines to be necessary to administer this section and any loans provided by the Secretary under subsection (b). (d) Priority.-- (1) In general.--In providing loans under this section to manufacturers (including component suppliers) that have existing facilities, the Secretary shall give priority to manufacturers that are seeking to expand manufacturing output through-- (A) the establishment of 1 or more new facilities; or (B) the reopening of 1 or more facilities. (2) Idle facilities.--A facility described in subparagraph (A) or (B) of paragraph (1) may be sitting idle as of the date on which the applicable loan is provided under this section. (e) Set Aside for Small Energy Grid Product Manufacturers and Component Suppliers.-- (1) Definition of covered firm.--In this subsection, the term ``covered firm'' means a firm that-- (A) employs fewer than 500 individuals; and (B) manufactures energy grid products or components. (2) Set aside.--Of the amounts used to provide loans each fiscal year under subsection (b), the Secretary shall use not less than 5 percent to provide loans to-- (A) covered firms; or (B) consortia led by covered firms. (f) Appointment and Pay of Personnel.-- (1) In general.--The Secretary may use direct hiring authority pursuant to section 3304(a)(3) of title 5, United States Code, to appoint such professional and administrative personnel as the Secretary determines to be necessary to carry out this section and any functions of the Secretary under this section. (2) Rate of pay.--The rate of pay for a person appointed pursuant to paragraph (1) shall not exceed the maximum rate payable for GS-15 of the General Schedule under chapter 53 of title 5, United States Code. (3) Consultants.--The Secretary may retain, pursuant to section 1901 of title 41, United States Code, such consultants as the Secretary determines to be necessary to carry out this section and any functions of the Secretary under this section. (g) Outreach.--In carrying out this section, the Secretary shall-- (1) provide assistance with the completion of applications for loans under this section; and (2) conduct outreach, including through conferences and online programs, to disseminate information about loans under this section to potential applicants. (h) Report.--Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to Congress a report on the status of projects supported by a loan under this section, including-- (1) a list of projects for which a loan was provided under this section, including, with respect to each project-- (A) the loan amount; and (B) the construction status of the project; (2) the status of the loan repayment for each project, including future repayment projections; (3) data regarding the number of direct and indirect jobs retained, restored, or created by financed projects; (4) a projection of the number of new projects for which the Secretary expects to provide a loan under this section during the 2-year period beginning on the date of the report, including the projected aggregate loan amount over that 2-year period; (5) an evaluation of ongoing compliance with the assurances and commitments (and the accuracy of any predictions) made by applicants pursuant to paragraphs (2) and (3) of subsection (b); (6) the total number of applications received by the Secretary each year; and (7) any other metrics that the Secretary determines to be appropriate. (i) Funding.-- (1) Rescission.--Of the unobligated balance of amounts made available by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3578), $2,400,000,000 are rescinded. (2) Direct appropriation.--If sufficient unobligated amounts made available by section 129 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329; 122 Stat. 3578), are available on the date of enactment of this Act to execute the entire rescission described in paragraph (1), on the day after the execution of the entire rescission, there is appropriated to the Secretary, out of amounts in the Treasury not otherwise appropriated, $2,400,000,000 to carry out this section, to remain available until expended. &lt;all&gt; </pre></body></html>
[ "Energy" ]
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118S340
Protecting Community Television Act
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<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 340 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 340 To amend the Communications Act of 1934 to modify the definition of franchise fee, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Markey (for himself, Ms. Baldwin, Mr. Schumer, Mr. Blumenthal, Mr. Cardin, Mrs. Feinstein, Ms. Hirono, Mr. King, Ms. Klobuchar, Mr. Merkley, Mr. Murphy, Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Smith, Ms. Warren, Mr. Welch, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To amend the Communications Act of 1934 to modify the definition of franchise fee, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Community Television Act''. SEC. 2. MODIFYING THE DEFINITION OF FRANCHISE FEE. Section 622(g)(1) of the Communications Act of 1934 (47 U.S.C. 542(g)(1)) is amended-- (1) by striking ``includes'' and inserting ``means''; and (2) by inserting ``other monetary'' before ``assessment''. &lt;all&gt; </pre></body></html>
[ "Science, Technology, Communications" ]
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118S341
Broadband Grant Tax Treatment Act
[ [ "W000805", "Sen. Warner, Mark R. [D-VA]", "sponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ], [ "K000384", "Sen. Kaine, Tim [D-VA]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "W000790", "Sen. Warnock, Raphael G. [D-GA]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "M001183", "Sen. Manchin, Joe, III [D-WV]", "cosponsor" ], [ "C001047", "Sen. Capito, Shelley Moore [R-WV]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "K000377", "Sen. Kelly, Mark [D-AZ]", "cosponsor" ], [ "T000278", "Sen. Tuberville, Tommy [R-AL]", "cosponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "M001153", "Sen. Murkowski, Lisa [R-AK]", "cosponsor" ], [ "M000639", "Sen. Menendez, Robert [D-NJ]", "cosponsor" ], [ "B001267", "Sen. Bennet, Michael F. [D-CO]", "cosponsor" ], [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ] ]
<p> <strong>Broadband Grant Tax Treatment Act</strong></p> <p>This bill excludes from gross income, for income tax purposes, certain broadband grants made for broadband deployment.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 341 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 341 To amend the Internal Revenue Code of 1986 to exclude certain broadband grants from gross income. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Warner (for himself, Mr. Moran, Mr. Kaine, Mr. Wicker, Mr. Warnock, Mr. Cramer, Mr. Manchin, Mrs. Capito, Mr. King, Mr. Risch, Mr. Kelly, Mr. Tuberville, Ms. Sinema, Ms. Murkowski, Mr. Menendez, Mr. Bennet, and Ms. Baldwin) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exclude certain broadband grants from gross income. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Broadband Grant Tax Treatment Act''. SEC. 2. CERTAIN GRANTS FOR BROADBAND EXCLUDED FROM GROSS INCOME. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new subsection: ``SEC. 139J. CERTAIN BROADBAND GRANTS. ``(a) In General.--Gross income shall not include any qualified broadband grant made for purposes of broadband deployment. ``(b) Denial of Double Benefit.--Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure to the extent of the amount excluded under subsection (a) for any qualified broadband grant which was provided with respect to such expenditure. The adjusted basis of any property shall be reduced by the amount excluded under subsection (a) which was provided with respect to such property. ``(c) Qualified Broadband Grant.--For purposes of this section, the term `qualified broadband grant' means-- ``(1) any grant or subgrant received under the Broadband Equity, Access, and Deployment Program established under section 60102 of the Infrastructure Investment and Jobs Act, ``(2) any grant or subgrant received under the State Digital Equity Capacity Grant Program established under section 60304 of such Act, ``(3) any grant received under the Digital Equity Competitive Grant Program established under section 60305 of such Act, ``(4) any grant received under section 60401 of such Act (relating to middle mile grants), ``(5) any grant received-- ``(A) under the broadband loan and grant pilot program established by section 779 of Public Law 115- 141 under the Rural Electrification Act of 1936; and ``(B) from funds made available for such program under the heading `Distance Learning, Telemedicine, and Broadband Program' under the heading `Rural Utilities Service' under title I of division J of the Infrastructure Investment and Jobs Act, ``(6) any grant received from a State, territory, Tribal government, or unit of local government to the extent such grant was-- ``(A) funded by amounts provided to the State or local government under section 602, 603, or 604 of the Social Security Act, and ``(B) provided for the stated purposes of making investments in broadband infrastructure, or ``(7) any grant or subgrant received under section 905 of division N of the Consolidated Appropriations Act, 2021. ``(d) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.''. (b) Clerical Amendment.--The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 139I the following new item: ``Sec. 139J. Certain broadband grants.''. (c) Effective Date.--The amendments made by this section shall apply to amounts received in taxable years ending after March 11, 2021. &lt;all&gt; </pre></body></html>
[ "Taxation" ]
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118S342
Access to Counsel Act of 2023
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<p><b>Access to Counsel Act of 2023</b></p> <p>This bill provides various protections for covered individuals subject to secondary or deferred inspections when seeking admission into the United States. Covered individuals include U.S. nationals, lawful permanent residents, non-U.S. nationals (<i>aliens </i>under federal law) in possession of a visa, returning asylees, and refugees.</p> <p>The Department of Homeland Security must ensure that a covered individual subject to secondary or deferred inspection has a meaningful opportunity to consult with counsel and certain related parties, such as a relative, within an hour of the start of the secondary inspection and as necessary during the inspection process. The counsel and related party must be allowed to advocate on behalf of the covered individual, including by providing evidence and information to the examining immigration officer.</p> <p>A lawful permanent resident subject to secondary or deferred inspection may not abandon lawful permanent resident status until the individual has had a meaningful opportunity to seek advice from counsel, unless the individual voluntarily and knowingly waives in writing this opportunity to seek counsel's advice. <br /></p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 342 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 342 To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Padilla (for himself, Mr. Blumenthal, Mr. Booker, Mr. Cardin, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Gillibrand, Mr. Hickenlooper, Ms. Hirono, Mr. Lujan, Mr. Markey, Mrs. Murray, Mr. Sanders, Mr. Van Hollen, Ms. Warren, and Mr. Welch) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To clarify the rights of certain persons who are held or detained at a port of entry or at any facility overseen by U.S. Customs and Border Protection. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Access to Counsel Act of 2023''. SEC. 2. ACCESS TO COUNSEL AND OTHER ASSISTANCE AT PORTS OF ENTRY AND DURING DEFERRED INSPECTION. (a) Access to Counsel and Other Assistance During Inspection.-- Section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended by adding at the end the following: ``(e) Access to Counsel and Other Assistance During Inspection at Ports of Entry and During Deferred Inspection.-- ``(1) In general.--The Secretary of Homeland Security shall ensure that each covered individual has a meaningful opportunity to consult with counsel and an interested party during the inspection process. ``(2) Scope of assistance.--The Secretary of Homeland Security shall-- ``(A) provide each covered individual with a meaningful opportunity to consult (including consultation by telephone) with counsel and an interested party not later than 1 hour after the secondary inspection process commences and as necessary throughout the remainder of the inspection process, including, as applicable, during deferred inspection; ``(B) allow counsel and an interested party to advocate on behalf of the covered individual, including by providing to the examining immigration officer information, documentation, and other evidence in support of the covered individual; and ``(C) to the greatest extent practicable, accommodate a request by the covered individual for counsel or an interested party to appear in person at the secondary or deferred inspection site. ``(3) Special rule for lawful permanent residents.-- ``(A) In general.--Except as provided in subparagraph (B), the Secretary of Homeland Security may not accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from a lawful permanent resident subject to secondary or deferred inspection without first providing such lawful permanent resident a meaningful opportunity to seek advice from counsel. ``(B) Exception.--The Secretary of Homeland Security may accept a Form I-407 Record of Abandonment of Lawful Permanent Resident Status (or a successor form) from any lawful permanent resident subject to secondary or deferred inspection if such lawful permanent resident knowingly, intelligently, and voluntarily waives, in writing, the opportunity to seek advice from counsel. ``(4) Definitions.--In this section: ``(A) Counsel.--The term `counsel' means-- ``(i) an attorney who is a member in good standing of the bar of any State, the District of Columbia, or a territory or a possession of the United States and is not under an order suspending, enjoining, restraining, disbarring, or otherwise restricting the attorney in the practice of law; or ``(ii) an individual accredited by the Attorney General, acting as a representative of an organization recognized by the Executive Office for Immigration Review, to represent a covered individual in immigration matters. ``(B) Covered individual.--The term `covered individual' means an individual subject to secondary or deferred inspection who is-- ``(i) a national of the United States; ``(ii) an immigrant, lawfully admitted for permanent residence, who is returning from a temporary visit abroad; ``(iii) an alien seeking admission as an immigrant in possession of a valid unexpired immigrant visa; ``(iv) an alien seeking admission as a nonimmigrant in possession of a valid unexpired nonimmigrant visa; ``(v) a refugee; ``(vi) a returning asylee; or ``(vii) an alien who has been approved for parole under section 212(d)(5)(A), including an alien who is returning to the United States in possession of a valid advance parole document. ``(C) Interested party.--The term `interested party' means-- ``(i) a relative of the covered individual; ``(ii) in the case of a covered individual to whom an immigrant or a nonimmigrant visa has been issued, the petitioner or sponsor thereof (including an agent of such petitioner or sponsor); or ``(iii) a person, organization, or entity in the United States with a bona fide connection to the covered individual.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. (c) Savings Provision.--Nothing in this Act, or in any amendment made by this Act, may be construed to limit a right to counsel or any right to appointed counsel under-- (1) section 240(b)(4)(A) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(A)); (2) section 292 of such Act (8 U.S.C. 1362); or (3) any other provision of law, including any final court order securing such rights, as in effect on the day before the date of the enactment of this Act. &lt;all&gt; </pre></body></html>
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118S343
Apprenticeships to College Act
[ [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "sponsor" ], [ "M000934", "Sen. Moran, Jerry [R-KS]", "cosponsor" ] ]
<p>A<b>pprenticeships to College Act</b></p> <p>This bill requires the Department of Labor to enter into an interagency agreement with the Department of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, two- and four-year postsecondary, and adult education.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 343 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 343 To support the establishment of an apprenticeship college consortium. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Klobuchar (for herself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To support the establishment of an apprenticeship college consortium. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeships to College Act''. SEC. 2. APPRENTICESHIP COLLEGE CONSORTIUM. (a) In General.--Not later than 1 year after the date of enactment of this Act, in order to cooperate with the Secretary of Education and promote awareness and adoption of apprenticeship programs, the Secretary of Labor shall-- (1) enter into an interagency agreement with the Secretary of Education to promote and support integration and alignment of programs under the national apprenticeship system with secondary, postsecondary, and adult education, through the activities described in this section; and (2) submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, such agreement and any modifications to such agreement. (b) Apprenticeship College Consortium.--In order to support the establishment of a college consortium of postsecondary educational institutions, related instruction providers, sponsors, qualified intermediaries, and employers (referred to in this Act as the ``Registered Apprenticeship College Consortium'') for the purposes of promoting stronger connections between programs under the national apprenticeship system and participating 2- and 4-year postsecondary educational institutions, the interagency agreement under subsection (a) shall include a description of how the Secretaries will-- (1) support data sharing systems that align education records and records of programs under the national apprenticeship system regarding whether program participants who receive financial aid under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) enroll in, or complete, postsecondary coursework while participating in a program under such system; (2) provide guidance on how to align eligible funding from, planning processes for, and the requirements of, the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), and the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) with this Act; (3) require all participants of the Registered Apprenticeship College Consortium to enter into agreements to-- (A) have an articulation agreement with a participating sponsor of an apprenticeship program, which may include a 2- or 4-year postsecondary educational institution; (B) create or expand the awarding and articulation of academic credit for related instruction completed and credentials awarded to program participants as part of a program under the national apprenticeship system; and (C) support the creation or expansion of electronic transcripts for apprenticeship programs and all academic content, including related instruction and on- the-job training; (4) provide technical assistance on eligible uses of financial aid, including the Federal work study program under part C of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087-51 et seq.), for related instruction for programs under the national apprenticeship system; (5) provide to Registered Apprenticeship College Consortium participants or potential participants information regarding-- (A) a list of apprenticeship programs in related occupations offered in the State or available under the Office of Apprenticeship that may become part of the Registered Apprenticeship College Consortium; (B) information on how to develop an apprenticeship program; (C) information on Federal, State, and local financial resources available to assist with the establishment and implementation of apprenticeship programs; and (D) information on related qualified intermediaries or industry or sector partnerships supporting apprenticeship programs, as applicable; and (6) support information regarding the Registered Apprenticeship College Consortium being made available on a publicly accessible website, including-- (A) a list of participating members of the Registered Apprenticeship College Consortium, apprenticeship programs provided, credentials awarded with each program, and available apprenticeable occupations; and (B) models of articulation agreements, prior learning assessments, and competency-based curriculum for related instruction for illustrative purposes. (c) Limitations.--Nothing in this Act shall require-- (1) an institution of higher education to participate in the Registered Apprenticeship College Consortium; or (2) an apprenticeship sponsor to participate in the Registered Apprenticeship College Consortium. &lt;all&gt; </pre></body></html>
[ "Labor and Employment" ]
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118S344
Major Richard Star Act
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<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 344 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 344 To amend title 10, United States Code, to provide for concurrent receipt of veterans' disability compensation and retired pay for disability retirees with fewer than 20 years of service and a combat- related disability, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Tester (for himself, Mr. Crapo, Ms. Baldwin, Mrs. Capito, Mr. Bennet, Mr. Cramer, Mr. Blumenthal, Mr. Cruz, Mr. Booker, Mr. Brown, Mr. Hoeven, Ms. Cantwell, Mrs. Hyde-Smith, Mr. Casey, Mr. Risch, Mrs. Feinstein, Mr. Rubio, Mrs. Gillibrand, Ms. Hassan, Mr. Hickenlooper, Ms. Hirono, Mr. Kaine, Mr. King, Ms. Klobuchar, Mr. Lujan, Mr. Menendez, Mr. Merkley, Mrs. Murray, Mr. Ossoff, Mr. Padilla, Mr. Peters, Ms. Rosen, Mr. Sanders, Mr. Schumer, Mrs. Shaheen, Ms. Smith, Ms. Stabenow, Mr. Vance, Mr. Warnock, Ms. Warren, Mr. Whitehouse, Mr. Wyden, Mr. Daines, Mr. Boozman, and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend title 10, United States Code, to provide for concurrent receipt of veterans' disability compensation and retired pay for disability retirees with fewer than 20 years of service and a combat- related disability, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Major Richard Star Act''. SEC. 2. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN 20 YEARS OF SERVICE AND A COMBAT-RELATED DISABILITY FOR CONCURRENT RECEIPT OF VETERANS' DISABILITY COMPENSATION AND RETIRED PAY. (a) Concurrent Receipt in Connection With CSRC.--Section 1413a(b)(3)(B) of title 10, United States Code, is amended by striking ``creditable service,'' and all that follows and inserting the following: ``creditable service-- ``(i) the retired pay of the retiree is not subject to reduction under sections 5304 and 5305 of title 38; and ``(ii) no monthly amount shall be paid the retiree under subsection (a).''. (b) Concurrent Receipt Generally.--Section 1414(b)(2) of title 10, United States Code, is amended by striking ``Subsection (a)'' and all that follows and inserting the following: ``Subsection (a)-- ``(A) applies to a member described in paragraph (1) of that subsection who is retired under chapter 61 of this title with less than 20 years of service otherwise creditable under chapter 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement if the member has a combat-related disability (as that term is defined in section 1413a(e) of this title), except that in the application of subsection (a) to such a member, any reference in that subsection to a qualifying service-connected disability shall be deemed to be a reference to that combat- related disability; but ``(B) does not apply to any member so retired if the member does not have a combat-related disability.''. (c) Technical and Conforming Amendments.-- (1) Amendments reflecting end of concurrent receipt phase- in period.--Section 1414 of title 10, United States Code, is further amended-- (A) in subsection (a)(1)-- (i) by striking the second sentence; and (ii) by striking subparagraphs (A) and (B); (B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (C) in subsection (d), as redesignated, by striking paragraphs (3) and (4). (2) Section heading.--The heading of such section 1414 is amended to read as follows: ``Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent receipt''. (3) Table of sections.--The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1414 and inserting the following new item: ``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent receipt.''. (4) Conforming amendment.--Section 1413a(f) of such title is amended by striking ``Subsection (d)'' and inserting ``Subsection (c)''. (d) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date. &lt;all&gt; </pre></body></html>
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118S345
Highway Formula Fairness Act
[ [ "C001098", "Sen. Cruz, Ted [R-TX]", "sponsor" ], [ "K000377", "Sen. Kelly, Mark [D-AZ]", "cosponsor" ], [ "C001056", "Sen. Cornyn, John [R-TX]", "cosponsor" ] ]
<p><strong>Highway Formula Fairness Act</strong></p> <p>This bill modifies the formula that the Department of Transportation uses to apportion federal highway funds among the states for the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway freight program, and metropolitan transportation planning.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 345 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 345 To modify a provision relating to adjustments of certain State apportionments for Federal highway programs, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Cruz (for himself, Mr. Kelly, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To modify a provision relating to adjustments of certain State apportionments for Federal highway programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Formula Fairness Act''. SEC. 2. ADJUSTMENTS TO CERTAIN STATE APPORTIONMENT AMOUNTS. Section 104 of title 23, United States Code, is amended by striking subsection (c) and inserting the following: ``(c) Calculation of Amounts.-- ``(1) State share.--For fiscal year 2024 and each fiscal year thereafter, the amount for each State of combined apportionments for the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 shall be determined as follows: ``(A) Initial amount.--The initial amount for each State shall be determined by multiplying the total amount available for apportionment by the share for each State, which shall be equal to the proportion that-- ``(i) the amount of apportionments that the State received for fiscal year 2012; bears to ``(ii) the amount of those apportionments received by all States for that fiscal year. ``(B) Adjustments to amounts.-- ``(i) In general.--The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that, for each State, the amount of combined apportionments for the programs shall not be less than an amount equal to-- ``(I) 95 percent of the applicable percentage; multiplied by ``(II) the total amount of funds available for apportionment. ``(ii) Applicable percentage.--For purposes of this subparagraph, the applicable percentage shall be an amount, expressed as a percentage, equal to the quotient of-- ``(I) the estimated tax payments attributable to highway users in the State that were paid into the Highway Trust Fund (other than the Mass Transit Account) for the most recent fiscal year for which data are available; divided by ``(II) the estimated total tax payments attributable to users in all States that were paid into the Highway Trust Fund (other than the Mass Transit Account) for that fiscal year. ``(2) State apportionment.--On October 1 of each fiscal year described in paragraph (1), the Secretary shall apportion the sum authorized to be appropriated for expenditure on the national highway performance program under section 119, the surface transportation block grant program under section 133, the highway safety improvement program under section 148, the congestion mitigation and air quality improvement program under section 149, the national highway freight program under section 167, the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134 in accordance with paragraph (1).''. &lt;all&gt; </pre></body></html>
[ "Transportation and Public Works", "Air quality", "Government trust funds", "Regional and metropolitan planning", "Roads and highways", "Transportation programs funding", "Transportation safety and security" ]
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118S346
Meat and Poultry Special Investigator Act of 2023
[ [ "T000464", "Sen. Tester, Jon [D-MT]", "sponsor" ], [ "G000386", "Sen. Grassley, Chuck [R-IA]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "D000618", "Sen. Daines, Steve [R-MT]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "H001061", "Sen. Hoeven, John [R-ND]", "cosponsor" ], [ "K000367", "Sen. Klobuchar, Amy [D-MN]", "cosponsor" ], [ "S000770", "Sen. Stabenow, Debbie [D-MI]", "cosponsor" ], [ "W000779", "Sen. Wyden, Ron [D-OR]", "cosponsor" ] ]
<p><strong>Meat and Poultry Special Investigator Act of 202</strong><b>3</b></p> <p>This bill establishes within the Department of Agriculture (USDA) the Office of the Special Investigator for Competition Matters.</p> <p>Specifically, the office must use all available tools (e.g., subpoenas) to investigate and prosecute violations of the Packers and Stockyards Act of 1921 by packers and live poultry dealers. Further, the bill grants the office the authority to bring any civil or administrative action authorized by that act against a packer or live poultry dealer.</p> <p>Additionally, the office must</p> <ul> <li>serve as a liaison to the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector,</li> <li>consult with the Department of Homeland Security on national security and critical infrastructure security in the food and agricultural sector, </li> <li>maintain a staff of attorneys and other professionals with appropriate expertise, and</li> <li>coordinate with the USDA Office of the General Counsel and the Packers and Stockyards Division of the Agricultural Marketing Service.</li> </ul>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 346 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 346 To establish the Office of the Special Investigator for Competition Matters within the Department of Agriculture. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Tester (for himself, Mr. Grassley, Mr. Rounds, Mr. Blumenthal, Mr. Booker, Mr. Daines, Mr. Heinrich, Mr. Hoeven, Ms. Klobuchar, Ms. Stabenow, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To establish the Office of the Special Investigator for Competition Matters within the Department of Agriculture. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Meat and Poultry Special Investigator Act of 2023''. SEC. 2. OFFICE OF THE SPECIAL INVESTIGATOR FOR COMPETITION MATTERS. (a) In General.--The Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 216 (7 U.S.C. 6916) the following: ``SEC. 217. OFFICE OF THE SPECIAL INVESTIGATOR FOR COMPETITION MATTERS. ``(a) Establishment.--There is established in the Department an office, to be known as the `Office of the Special Investigator for Competition Matters' (referred to in this section as the `Office'). ``(b) Special Investigator for Competition Matters.--The Office shall be headed by the Special Investigator for Competition Matters (referred to in this section as the `Special Investigator'), who shall be a senior career employee appointed by the Secretary. ``(c) Duties.--The Special Investigator shall-- ``(1) use all available tools, including subpoenas, to investigate and prosecute violations of the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), by packers and live poultry dealers with respect to competition and trade practices in the food and agriculture sector; ``(2) serve as a Department liaison to, and act in consultation with, the Department of Justice and the Federal Trade Commission with respect to competition and trade practices in the food and agricultural sector; ``(3) act in consultation with the Department of Homeland Security with respect to national security and critical infrastructure security in the food and agricultural sector; ``(4) maintain a staff of attorneys and other professionals with appropriate expertise; and ``(5) in carrying out paragraphs (1) through (4), coordinate with the Office of the General Counsel and the Packers and Stockyards Division of the Agricultural Marketing Service. ``(d) Prosecutorial Authority.-- ``(1) In general.--Notwithstanding title 28, United States Code, the Special Investigator shall have the authority to bring any civil or administrative action authorized under the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.), against a packer or a live poultry dealer. ``(2) Notification.--With respect to any action brought under this section in Federal district court, the Special Investigator shall notify the Attorney General. ``(3) Effect.--Nothing in this section alters the authority of the Secretary to issue a subpoena pursuant to the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.). ``(e) Limitation on Scope.--The Special Investigator may not bring an action under this section with respect to an entity that is not regulated under the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et seq.).''. (b) Conforming Amendment.--Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the following: ``(11) The authority of the Secretary to carry out section 217.''. (c) Technical Amendment.--Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating the first section 225 (relating to Food Access Liaison) (7 U.S.C. 6925) as section 224A. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S347
Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "W000437", "Sen. Wicker, Roger F. [R-MS]", "cosponsor" ], [ "B001310", "Sen. Braun, Mike [R-IN]", "cosponsor" ], [ "L000571", "Sen. Lummis, Cynthia M. [R-WY]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "B001243", "Sen. Blackburn, Marsha [R-TN]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 347 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 347 To protect Americans from the threat posed by certain foreign adversaries using current or potential future social media companies that those foreign adversaries control to surveil Americans, gather sensitive data about Americans, or spread influence campaigns, propaganda, and censorship. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Rubio (for himself and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To protect Americans from the threat posed by certain foreign adversaries using current or potential future social media companies that those foreign adversaries control to surveil Americans, gather sensitive data about Americans, or spread influence campaigns, propaganda, and censorship. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Averting the National Threat of Internet Surveillance, Oppressive Censorship and Influence, and Algorithmic Learning by the Chinese Communist Party Act'' or the ``ANTI-SOCIAL CCP Act''. SEC. 2. PROTECTING AMERICANS FROM SOCIAL MEDIA COMPANIES CONTROLLED BY COUNTRIES OF CONCERN. (a) Prohibited Commercial Transactions.--On and after the date that is 30 days after the date of the enactment of this Act, the President shall exercise all the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et. seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a social media company described in subsection (b) if such property and interests in property-- (1) are in the United States or come within the United States; or (2) to the extent necessary to prevent commercial operation of the social media company in the United States, are or come within the possession or control of a United States person. (b) Social Media Company Described.-- (1) In general.--A social media company described in this subsection is a social media company that meets one or more of the following conditions: (A) The company is domiciled in, headquartered in, has its principal place of business in, or is organized under the laws of a country of concern. (B) A country of concern, entity of concern, or some combination thereof, directly or indirectly owns, controls with the ability to decide important matters, or holds with power to vote, 20 percent or more of the outstanding voting stock or shares of the company. (C) The company employs software or algorithms controlled or whose export is restricted by a country of concern or entity of concern. (D) The company is subject to substantial influence, directly or indirectly, from a country of concern or entity of concern owing to which-- (i) the company shares or could be compelled to share data on United States citizens with a country of concern or entity of concern; or (ii) the content moderation practices of the company are subject to substantial influence from a country of concern or entity of concern. (2) Deemed companies.--The following companies shall be deemed to be social media companies described in this subsection as of the date of the enactment of this Act unless and until the date on which the President certifies to Congress that the company no longer meets any of the conditions described in paragraph (1): (A) Bytedance, Ltd. (B) TikTok. (C) A subsidiary of or a successor company to a company listed in subparagraph (A) or (B). (D) A company owned or controlled directly or indirectly by a company listed in subparagraph (A) or (B). (c) Exceptions.-- (1) Intelligence activities.--Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States. (2) Importation of goods.-- (A) In general.--The authorities and requirements to impose sanctions under this section shall not include the authority or requirement to impose sanctions on the importation of goods. (B) Good defined.--In this paragraph, the term ``good'' means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data. (d) Implementation, Penalties, and Inapplicability of Certain Provisions.-- (1) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties.--A person that violates, attempts to violate, or causes a violation of subsection (a) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (3) Inapplicability of certain provisions.--The requirements under section 202 and the limitations under section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1701 and 1702(b)) shall not apply for purposes of this section. (e) Severability.--If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. (f) Definitions.--In this section: (1) Country of concern.--The term ``country of concern''-- (A) has the meaning given the term ``foreign adversary'' in section 8(c)(2) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)(2)); and (B) includes the People's Republic of China (including the Special Administrative Regions of China, including Hong Kong and Macau), Russia, Iran, North Korea, Cuba, and Venezuela. (2) Entity of concern.--The term ``entity of concern'' means-- (A) a governmental body at any level in a country of concern; (B) the Armed Forces of a country of concern; (C) the leading political party of a country of concern; (D) an individual who is-- (i) a national of a country of concern; (ii) domiciled and living in a country of concern; and (iii) subject to substantial influence, directly or indirectly, from an entity specified under any of subparagraphs (A) through (C); or (E) a private business or a state-owned enterprise that is-- (i) domiciled in a country of concern or owned or controlled by a private business or State-owned enterprise domiciled in a country of concern; and (ii) subject to substantial influence, directly or indirectly, from an entity specified under any of subparagraphs (A) through (C). (3) Social media company.--The term ``social media company''-- (A) means any entity that operates, directly or indirectly, including through its parent company, subsidiaries, or affiliates, a website, desktop application, or mobile application that-- (i) permits an individual or entity to create an account or profile for the purpose of generating, sharing, and viewing user-generated content through such account or profile; (ii) sells digital advertising space; (iii) has more than 1,000,000 monthly active users for a majority of months during the preceding 12 months; (iv) enables one or more users to generate content that can be viewed by other users of the website, desktop application, or mobile application; and (v) enables users to view content generated by other users of the website, desktop application, or mobile application; and (B) does not include an entity if the entity does not operate a website, desktop application, or mobile application except for a website, desktop application, or mobile application the primary purpose of which is-- (i) to allow users to post product reviews, business reviews, or travel information and reviews; or (ii) to provide emergency alert services. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S348
Asylum Abuse Reduction Act
[ [ "B001319", "Sen. Britt, Katie Boyd [R-AL]", "sponsor" ], [ "B001261", "Sen. Barrasso, John [R-WY]", "cosponsor" ], [ "C001075", "Sen. Cassidy, Bill [R-LA]", "cosponsor" ], [ "C001095", "Sen. Cotton, Tom [R-AR]", "cosponsor" ], [ "C000880", "Sen. Crapo, Mike [R-ID]", "cosponsor" ], [ "H001079", "Sen. Hyde-Smith, Cindy [R-MS]", "cosponsor" ], [ "M001190", "Sen. Mullin, Markwayne [R-OK]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "T000250", "Sen. Thune, John [R-SD]", "cosponsor" ], [ "T000476", "Sen. Tillis, Thomas [R-NC]", "cosponsor" ], [ "B001236", "Sen. Boozman, John [R-AR]", "cosponsor" ] ]
<p><strong>Asylum Abuse Reduction Act</strong></p> <p>This bill places restrictions on non-U.S. nationals (<i>aliens</i> under federal law) seeking asylum and contains provisions related to immigration enforcement.</p> <p>Under this bill, an asylum seeker who arrives at a U.S. land port of entry without entry documents may not be admitted unless an asylum officer at a U.S. embassy or consulate has interviewed the individual and has concluded that the individual (1) has been persecuted in the alien's country of nationality due to their race, religion, or other characteristics; (2) has a credible fear of persecution if they returned to that country; or (3) would be tortured by the government upon return to that country. (Currently, an individual arriving at a port of entry may apply for asylum and an immigration officer there typically will conduct a credible fear interview.)</p> <p>Furthermore, an individual who traveled through a third country to enter the United States through the southern border shall be ineligible for asylum unless (1) the individual has applied for and been denied asylum or protection in that third country, (2) the individual was a victim of severe human trafficking, or (3) the third country is not party to certain international agreements relating to refugees.</p> <p>Each federal judicial district shall appoint at least one judge to issue arrest warrants for individuals violating orders to depart, upon a showing of probable cause.</p> <p>Under this bill, the <em>Flores</em> agreement (a lawsuit settlement which imposes various requirements relating to the treatment of minors detained for immigration-related purposes) shall not apply.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 348 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 348 To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Britt (for herself, Mr. Barrasso, Mr. Cassidy, Mr. Cotton, Mr. Crapo, Mrs. Hyde-Smith, Mr. Mullin, Mr. Risch, Mr. Rounds, Mr. Thune, Mr. Tillis, and Mr. Boozman) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require asylum officers at United States embassies and consulates to conduct credible fear screenings before aliens seeking asylum may be permitted to enter the United States to apply for asylum, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Asylum Abuse Reduction Act''. SEC. 2. ASYLUM INTERVIEWS. (a) Border Crossings.--Notwithstanding section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)), if an alien who is seeking asylum in the United States attempts to enter the United States from Canada or Mexico at a land port of entry without a valid visa or other appropriate entry document, the immigration officer who is inspecting the alien-- (1) may not admit or parole the alien into the United States; and (2) shall advise the alien to schedule an asylum hearing with the most convenient United States embassy or consulate in Canada or Mexico. (b) Credible Fear Screenings.--An alien described in subsection (a) may only be permitted to enter the United States to apply for asylum if an asylum officer stationed at a United States embassy or consulate-- (1) has conducted an in-person or telephonic interview with the alien; and (2) as a result of such interview, has concluded that the alien-- (A)(i) has been persecuted in the alien's country of nationality on account of the alien's race, religion, nationality, membership in a particular social group, or political opinion; (ii) has a credible fear of persecution (as defined in section 235(b)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(B))) if the alien returned to such country; or (iii) would be subject to torture by a government or public official acting under the color of law if the alien returned to his or her country of nationality; and (B) is otherwise eligible for asylum under section 208(a) of that Act (8 U.S.C. 1158(a)). SEC. 3. ASYLUM INELIGIBILITY. Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at the end the following: ``(F) Transit through third country.-- ``(i) In general.--Except as provided in clause (ii), paragraph (1) shall not apply to any alien who, on or after the date of the enactment of this subparagraph, enters, attempts to enter, or arrives in the United States through the Southern land border after transiting through, on the way to the United States, one or more countries other than the country of citizenship, nationality, or last lawful habitual residence of the alien. ``(ii) Exceptions.--Clause (i) shall not apply if-- ``(I)(aa) the alien demonstrates that he or she applied for protection from persecution or torture in one or more countries (other than the country of citizenship, nationality, or last lawful habitual residence of the alien) through which the alien transited on the way to the United States; and ``(bb) the alien received a final judgment denying the alien protection in such country; ``(II) the alien demonstrates that he or she is or has been subject to a severe form of trafficking in persons; or ``(III) the one or more countries through which the alien transited on the way to the United States were not, at the time of the transit, parties to-- ``(aa) the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)); or ``(bb) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. ``(G) Internal relocation.--Paragraph (1) shall not apply to an alien interviewed by an asylum officer under section 2(b) of the Asylum Abuse Reduction Act if the asylum officer makes a determination that the alien may avoid purported persecution or torture in the alien's country of nationality by relocating to another part of such country.''. SEC. 4. CRIMINAL BENCH WARRANTS. (a) Issuance.--Each Federal judicial district shall appoint at least 1 magistrate or district court judge who, upon a showing of probable cause, shall issue a warrant of arrest for a violation of section 243(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1253(a)(1)). (b) Probable Cause.--An order of removal issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) that has been in existence 90 days or more shall constitute prima facie evidence of probable cause to issue a warrant under subsection (a). SEC. 5. INAPPLICABILITY OF FLORES SETTLEMENT AGREEMENT TO ALIENS SUBJECT TO DETENTION. The stipulated settlement agreement filed in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores settlement agreement''), shall not apply to the detention and custody of aliens subject to detention in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). &lt;all&gt; </pre></body></html>
[ "Immigration" ]
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118S349
Military Spouse Employment Act
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ], [ "S001191", "Sen. Sinema, Kyrsten [I-AZ]", "cosponsor" ], [ "F000463", "Sen. Fischer, Deb [R-NE]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ], [ "S001217", "Sen. Scott, Rick [R-FL]", "cosponsor" ], [ "H001076", "Sen. Hassan, Margaret Wood [D-NH]", "cosponsor" ] ]
<p><b>Military Spouse Employment Act</b></p> <p>This bill allows executive agencies to appoint military spouses to remote work positions. (The current appointment authority does not specifically extend to remote positions.) </p> <p>The bill defines <i>remote work</i> as a particular type of telework that does not require an employee to report to an official agency location on a regular and recurring basis.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 349 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 349 To amend title 5, United States Code, to authorize the appointment of spouses of members of the Armed Forces who are on active duty, disabled, or deceased to positions in which the spouses will work remotely. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Lankford (for himself, Ms. Sinema, Mrs. Fischer, and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs _______________________________________________________________________ A BILL To amend title 5, United States Code, to authorize the appointment of spouses of members of the Armed Forces who are on active duty, disabled, or deceased to positions in which the spouses will work remotely. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Spouse Employment Act''. SEC. 2. APPOINTMENT OF MILITARY SPOUSES. Section 3330d of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraph (3) as paragraph (4); (B) by inserting after paragraph (2) the following: ``(3) The term `remote work' refers to a particular type of telework under which an employee is not expected to report to an officially established agency location on a regular and recurring basis.''; and (C) by adding at the end the following: ``(5) The term `telework' has the meaning given the term in section 6501.''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``or'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(3) a spouse of a member of the Armed Forces on active duty, or a spouse of a disabled or deceased member of the Armed Forces, to a position in which the spouse will engage in remote work.''; and (3) in subsection (c)(1), by striking ``subsection (a)(3)'' and inserting ``subsection (a)(4)''. &lt;all&gt; </pre></body></html>
[ "Government Operations and Politics", "Commuting", "Computers and information technology", "Government employee pay, benefits, personnel management", "Military personnel and dependents" ]
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118S35
New Parents Act of 2023
[ [ "R000595", "Sen. Rubio, Marco [R-FL]", "sponsor" ], [ "R000615", "Sen. Romney, Mitt [R-UT]", "cosponsor" ] ]
<p><strong></strong><b>New Parents Act of 2023</b></p> <p>This bill allows parents to use a portion of their Social Security benefits for up to three months of paid parental leave after the birth or adoption of a child. To receive the parental leave benefit, parents must choose to either increase their retirement age or temporarily receive a reduction in Social Security benefits upon retirement, as specified.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 35 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 35 To amend title II of the Social Security Act to make available parental leave benefits to parents following the birth or adoption of a child, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES January 24 (legislative day, January 3), 2023 Mr. Rubio (for himself and Mr. Romney) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title II of the Social Security Act to make available parental leave benefits to parents following the birth or adoption of a child, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``New Parents Act of 2023''. SEC. 2. PARENTAL LEAVE BENEFITS. (a) In General.--Title II of the Social Security Act is amended by inserting after section 218 the following: ``SEC. 219. PARENTAL LEAVE BENEFITS. ``(a) In General.--Every individual-- ``(1) who has-- ``(A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or ``(B) not less than 12 quarters of coverage; and ``(2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. ``(b) Benefit Amount.--Such individual's parental leave benefit shall be an amount equal to the product of-- ``(1) the number of benefit months (not to exceed 3) selected by the individual in the individual's application for a parental leave benefit, multiplied by ``(2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if-- ``(A) the individual had attained age 62 in the first month of the individual's benefit period; and ``(B) the individual had become entitled to an old- age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. ``(c) Payment of Benefit.-- ``(1) Selection of number of benefit months.--In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as `benefit months'). ``(2) Election of benefit months.--Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual's benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. ``(3) Amount of monthly payment.--The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to-- ``(A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by ``(B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. ``(4) Definition of benefit period.--For purposes of this section, the term `benefit period' means, with respect to an individual entitled to a parental leave benefit with respect to a qualified child, the 1-year period beginning with the month after the month in which the birth or adoption of the qualified child occurs. ``(d) Benefit Application.-- ``(1) In general.--The Commissioner shall ensure that the application for a parental leave benefit-- ``(A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that-- ``(i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; ``(ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; and ``(iii) entitlement to a parental leave benefit has no effect on the determination of an individual's entitlement to leave under the Family and Medical Leave Act of 1993; and ``(B) requires an attestation by the individual submitting the application that-- ``(i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; ``(ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and ``(iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). ``(2) Option to file simultaneous applications.--The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. ``(3) Online availability.--The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. ``(e) Fraud Prevention.-- ``(1) In general.--The Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. ``(2) Enforcement.--In any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law-- ``(A) a civil monetary penalty of not more than $7,500 for each such failure; and ``(B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. ``(f) Benefit Repayment.-- ``(1) In general.--An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. ``(2) Old-age insurance benefit offset.-- ``(A) In general.--Except as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. ``(B) Notification.--Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. ``(3) Alternative increase of retirement age.-- ``(A) In general.--In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. ``(B) Retirement age increase.--Notwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be-- ``(i) the retirement age determined with respect to the individual under such section; plus ``(ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. ``(C) Increase to earliest entitlement age.--In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). ``(4) Other recovery methods.--In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)-- ``(A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and ``(B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. ``(5) Projection of repayment amount.--As soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual's benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual's retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. ``(g) Relationship With State Law; Employer Benefits.-- ``(1) In general.--This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. ``(2) Greater benefits allowed.--Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. ``(h) Sunset.--No application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. ``(i) Definitions.--For purposes of this section-- ``(1) the term `qualified child' means, with respect to an individual for a benefit period, a biological child or legally adopted child of the individual (as determined by the Commissioner of Social Security) who-- ``(A) will not attain 18 years of age before the end of such benefit period; and ``(B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner.''. (b) Conforming Amendments.-- (1) Nonpayment provisions.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended-- (A) in subsection (n)(1)(A), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; (B) in subsection (t), in paragraphs (1) and (10), by striking ``under this section or under section 223'' each place it appears and inserting ``under this section, under section 219, or under section 223''; (C) in subsection (u)(1), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''; and (D) in subsection (x)-- (i) in paragraph (1)(A), by striking ``under this section or under section 223'' and inserting ``under this section, under section 219, or under section 223''; and (ii) in paragraph (2), by striking ``under this section or section 223'' and inserting ``under this section, section 219, or section 223''. (2) Delayed retirement credits.--Section 202(w) of the Social Security Act (42 U.S.C. 402(w)) is amended by inserting after ``age 70'' each place it appears the following: ``(or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. (3) Voluntary suspension of benefits.--Section 202(z)(1)(A)(ii) of the Social Security Act (42 U.S.C. 402(z)(1)(A)(ii)) is amended by striking ``the age of 70'' and inserting ``age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased)''. (4) Number of benefit computation years.--Section 215(b)(2)(A) of such Act (42 U.S.C. 415(b)(2)(A)) is amended-- (A) in clause (i), by striking ``, and'' and inserting a semicolon; (B) in clause (ii), by striking the period and inserting ``; and''; and (C) by inserting after clause (ii) the following: ``(iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years.''. (c) Effective Date.--The amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2023. &lt;all&gt; </pre></body></html>
[ "Social Welfare", "Adoption and foster care", "Aging", "Child care and development", "Employee benefits and pensions", "Employee leave", "Family relationships", "Government trust funds", "Social security and elderly assistance" ]
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118S350
Fry Scholarship Enhancement Act of 2023
[ [ "L000575", "Sen. Lankford, James [R-OK]", "sponsor" ], [ "C000174", "Sen. Carper, Thomas R. [D-DE]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 350 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 350 To amend title 38, United States Code, to expand eligibility for the Marine Gunnery Sergeant John David Fry Scholarship to include spouses and children of individuals who die from a service-connected disability within 120 days of serving in the Armed Forces, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Lankford (for himself and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to expand eligibility for the Marine Gunnery Sergeant John David Fry Scholarship to include spouses and children of individuals who die from a service-connected disability within 120 days of serving in the Armed Forces, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Fry Scholarship Enhancement Act of 2023''. SEC. 2. EXPANSION OF ELIGIBILITY FOR MARINE GUNNERY SERGEANT JOHN DAVID FRY SCHOLARSHIP. (a) In General.--Section 3311(b)(8) of title 38, United States Code, is amended-- (1) by striking ``dies in line of duty'' and inserting the following: ``dies-- ``(A) in line of duty''; (2) in subparagraph (A), as designated by paragraph (1), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(B) from a service-connected disability during the 120-day period beginning on the first day immediately following the last day on which the individual was discharged or released from active duty as a member of the Armed Forces or duty other than active duty as a member of the Armed Forces, but only if-- ``(i) the person was discharged with an honorable discharge; or ``(ii) the person's service in the Armed Forces was characterized by the Secretary concerned as honorable.''. (b) Applicability.--The amendments made by subsection (a) shall apply with respect to-- (1) deaths that occur before, on, or after the date of the enactment of this Act; and (2) a quarter, semester, or term, as applicable, commencing on or after August 1, 2024. &lt;all&gt; </pre></body></html>
[ "Armed Forces and National Security" ]
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118S351
Down East Remembrance Act
[ [ "T000476", "Sen. Tillis, Thomas [R-NC]", "sponsor" ], [ "B001305", "Sen. Budd, Ted [R-NC]", "cosponsor" ] ]
<p><strong>Down East Remembrance Act</strong></p> <p>This bill designates six creeks in North Carolina in honor of individuals killed in a plane crash in Carteret County, North Carolina, on February 13, 2022.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 351 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 351 To designate 6 creeks in the State of North Carolina in honor of the lives lost in a plane crash in Carteret County, North Carolina, on February 13, 2022, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Tillis (for himself and Mr. Budd) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To designate 6 creeks in the State of North Carolina in honor of the lives lost in a plane crash in Carteret County, North Carolina, on February 13, 2022, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Down East Remembrance Act''. SEC. 2. DESIGNATION OF CERTAIN CREEKS, NORTH CAROLINA. (a) Designation of Noah Styron Creek.-- (1) In general.--The creek located at latitude 3459'49.33" N, longitude 768'42.11" W, shall be known and designated as ``Noah Styron Creek''. (2) References.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to ``Noah Styron Creek''. (b) Designation of Hunter Parks Creek.-- (1) In general.--The creek located at latitude 3457'52.85" N, longitude 7611'11.25" W, shall be known and designated as ``Hunter Parks Creek''. (2) References.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to ``Hunter Parks Creek''. (c) Designation of Kole McInnis Creek.-- (1) In general.--The creek located at latitude 3457'46.30" N, longitude 7611'18.18" W, shall be known and designated as ``Kole McInnis Creek''. (2) References.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to ``Kole McInnis Creek''. (d) Designation of Stephanie Fulcher Creek.-- (1) In general.--The creek located at latitude 3457'38.08" N, longitude 7611'31.18" W, shall be known and designated as ``Stephanie Fulcher Creek''. (2) References.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to ``Stephanie Fulcher Creek''. (e) Designation of Jacob Taylor Creek.-- (1) In general.--The creek located at latitude 3452'43.45" N, longitude 7617'41.49" W, shall be known and designated as ``Jacob Taylor Creek''. (2) References.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to ``Jacob Taylor Creek''. (f) Designation of Daily Shepherd Creek.-- (1) In general.--The creek located at latitude 3452'28.26" N, longitude 7617'43.20" W, shall be known and designated as ``Daily Shepherd Creek''. (2) References.--Any reference in a law, regulation, map, document, paper, or other record of the United States to the creek described in paragraph (1) shall be deemed to be a reference to ``Daily Shepherd Creek''. &lt;all&gt; </pre></body></html>
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118S352
Highway Formula Modernization Act of 2023
[ [ "K000377", "Sen. Kelly, Mark [D-AZ]", "sponsor" ], [ "C001098", "Sen. Cruz, Ted [R-TX]", "cosponsor" ] ]
<p><strong>Highway Formula Modernization Act of 202</strong><b>3</b></p> <p>This bill requires the Department of Transportation (DOT) to study the methods and data used to apportion certain federal-aid highway funding and develop recommendations for a new apportionment method. DOT must also (1) consult with state departments of transportation and representatives of local governments on the study and recommendations, and (2) report annually to Congress on the progress of the study and submit a final report on completion of the study.</p> </p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 352 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 352 To require the Secretary of Transportation to carry out a highway formula modernization study, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Kelly (for himself and Mr. Cruz) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To require the Secretary of Transportation to carry out a highway formula modernization study, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Formula Modernization Act of 2023''. SEC. 2. HIGHWAY FORMULA MODERNIZATION STUDY. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of Transportation (referred to in this section as the ``Secretary''), in consultation with State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall conduct a highway formula modernization study to assess the method and data used to apportion Federal-aid highway funds under subsections (b) and (c) of section 104 of title 23, United States Code, and issue recommendations relating to that method and data. (b) Assessment.--The highway formula modernization study required under subsection (a) shall include an assessment of, based on the latest available data, whether the apportionment method described in that subsection results in-- (1) an equitable distribution of funds based on the estimated tax payments attributable to-- (A) highway users in the State that are paid into the Highway Trust Fund; and (B) individuals in the State that are paid to the Treasury, based on contributions to the Highway Trust Fund from the general fund of the Treasury; and (2) the achievement of the goals described in section 101(b)(3) of title 23, United States Code. (c) Considerations.--In the assessment under subsection (b), the Secretary shall consider the following: (1) The factors described in sections 104(b), 104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, United States Code, as in effect on the date of enactment of SAFETEA-LU (Public Law 109-59; 119 Stat. 1144). (2) The availability and accuracy of data necessary to calculate formula apportionments under the factors described in paragraph (1). (3) The measures established under section 150 of title 23, United States Code, and whether those measures are appropriate for consideration as formula apportionment factors. (4) Any other factors that the Secretary determines are appropriate. (d) Recommendations.--The Secretary, in consultation with State departments of transportation and representatives of local governments (including metropolitan planning organizations), shall develop recommendations on a new apportionment method, including-- (1) the factors recommended to be included in the new apportionment method; (2) the weighting recommended to be applied to the factors recommended under paragraph (1); and (3) any other recommendations to ensure that the new apportionment method best achieves an equitable distribution of funds described under subsection (b)(1) and the goals described in subsection (b)(2). (e) Reports to Congress.-- (1) Interim reports.--Not less frequently than annually during the period during which the Secretary is carrying out the study under subsection (a), the Secretary shall submit to Congress an interim report on the progress of the study. (2) Final report.--On completion of the study under subsection (a), the Secretary shall submit to Congress a final report on the results of the study, including the recommendations under subsection (d). &lt;all&gt; </pre></body></html>
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118S353
PROTECT Act of 2023
[ [ "H001089", "Sen. Hawley, Josh [R-MO]", "sponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 353 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 353 To establish appropriate penalties for possession of child pornography, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To establish appropriate penalties for possession of child pornography, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2023'' or the ``PROTECT Act of 2023''. SEC. 2. SENTENCING FOR CHILD PORNOGRAPHY OFFENSES. (a) In General.--Section 3553(b)(2) of title 18, United States Code, is amended by adding at the end the following: ``(B) Child pornography offenders.-- ``(i) Definition.--In this subparagraph, the term `child pornography offense' means a violation of, or an attempt or conspiracy to violate, section 2251, 2251A, 2252(a), 2252A(a), or 2260. ``(ii) Facts proven during trial or admitted by the defendant.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall impose a sentence of the kind, and that is not less than the minimum period in the sentencing range, referred to in subsection (a)(4), as determined based on facts proved beyond a reasonable doubt during a jury or bench trial and facts admitted by the defendant that are relevant to determining the kind and range of sentence, unless the court makes a finding described in clause (i), (ii), or (iii) of subparagraph (A). ``(iii) Facts found by courts.-- ``(I) In general.--Notwithstanding subparagraph (A), in sentencing a defendant convicted of a child pornography offense, a court shall consider, and may impose, a sentence of the kind, and within the sentencing range, referred to in subsection (a)(4), as determined based on all facts found by the court that are relevant to determining the kind and range of sentence. ``(II) Minimum period.--Nothing in subclause (I) shall authorize a court to impose a sentence that is less than-- ``(aa) the minimum sentence determined in accordance with clause (ii); or ``(bb) the minimum sentence otherwise required by statute.''. (b) Penalties for Possession.--Chapter 110 of title 18, United States Code, is amended-- (1) in section 2252(b)-- (A) by striking ``(1) Whoever violates, or attempts or conspires to violate, paragraph (1), (2), or (3) of subsection (a)'' and inserting ``Whoever violates, or attempts or conspires to violate, subsection (a)''; and (B) by striking paragraph (2); and (2) in section 2252A(b)-- (A) in paragraph (1), by inserting ``(5),'' after ``(4),''; (B) by striking paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2). &lt;all&gt; </pre></body></html>
[ "Crime and Law Enforcement" ]
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118S354
Strengthening Local Processing Act of 2023
[ [ "T000250", "Sen. Thune, John [R-SD]", "sponsor" ], [ "B000944", "Sen. Brown, Sherrod [D-OH]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "R000605", "Sen. Rounds, Mike [R-SD]", "cosponsor" ], [ "C001096", "Sen. Cramer, Kevin [R-ND]", "cosponsor" ], [ "S001203", "Sen. Smith, Tina [D-MN]", "cosponsor" ], [ "K000383", "Sen. King, Angus S., Jr. [I-ME]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 354 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 354 To amend the Poultry Products Inspection Act and the Federal Meat Inspection Act to support small and very small meat and poultry processing establishments, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Thune (for himself, Mr. Brown, Mr. Merkley, Mr. Rounds, Mr. Cramer, Ms. Smith, and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry _______________________________________________________________________ A BILL To amend the Poultry Products Inspection Act and the Federal Meat Inspection Act to support small and very small meat and poultry processing establishments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Local Processing Act of 2023''. SEC. 2. HACCP GUIDANCE AND RESOURCES FOR SMALLER AND VERY SMALL POULTRY AND MEAT ESTABLISHMENTS. (a) Poultry Establishments.--The Poultry Products Inspection Act is amended by inserting after section 14 (21 U.S.C. 463) the following: ``SEC. 14A. SMALLER AND VERY SMALL ESTABLISHMENT GUIDANCE AND RESOURCES. ``(a) Definitions of Smaller Establishment and Very Small Establishment.--In this section, the terms `smaller establishment' and `very small establishment' have the meanings given those terms in the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. Reg. 38806 (July 25, 1996)). ``(b) Database of Studies; Model Plans.--Not later than 18 months after the date of enactment of this section, the Secretary shall-- ``(1) establish a free, searchable database of approved peer-reviewed validation studies accessible to smaller establishments and very small establishments subject to inspection under this Act for use in developing a Hazard Analysis and Critical Control Points plan; and ``(2) publish online scale-appropriate model Hazard Analysis and Critical Control Points plans for smaller establishments and very small establishments, including model plans for-- ``(A) slaughter-only establishments; ``(B) processing-only establishments; and ``(C) slaughter and processing establishments. ``(c) Guidance.--Not later than 2 years after the date of enactment of this section, the Secretary shall publish a guidance document, after notice and an opportunity for public comment, providing information on the requirements that need to be met for smaller establishments and very small establishments to receive approval for a Hazard Analysis and Critical Control Points plan pursuant to this Act. ``(d) Data Confidentiality.--In carrying out subsections (b) and (c), the Secretary shall not publish confidential business information, including a Hazard Analysis and Critical Control Points plan of an establishment.''. (b) Meat Establishments.--The Federal Meat Inspection Act is amended by inserting after section 25 (21 U.S.C. 625) the following: ``SEC. 26. SMALLER AND VERY SMALL ESTABLISHMENT GUIDANCE AND RESOURCES. ``(a) Definitions of Smaller Establishment and Very Small Establishment.--In this section, the terms `smaller establishment' and `very small establishment' have the meanings given those terms in the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. Reg. 38806 (July 25, 1996)). ``(b) Database of Studies; Model Plans.--Not later than 18 months after the date of enactment of this section, the Secretary shall-- ``(1) establish a free, searchable database of approved peer-reviewed validation studies accessible to smaller establishments and very small establishments subject to inspection under this Act for use in developing a Hazard Analysis and Critical Control Points plan; and ``(2) publish online scale-appropriate model Hazard Analysis and Critical Control Points plans for smaller establishments and very small establishments, including model plans for-- ``(A) slaughter-only establishments; ``(B) processing-only establishments; and ``(C) slaughter and processing establishments. ``(c) Guidance.--Not later than 2 years after the date of enactment of this section, the Secretary shall publish a guidance document, after notice and an opportunity for public comment, providing information on the requirements that need to be met for smaller establishments and very small establishments to receive approval for a Hazard Analysis and Critical Control Points plan pursuant to this Act. ``(d) Data Confidentiality.--In carrying out subsections (b) and (c), the Secretary shall not publish confidential business information, including a Hazard Analysis and Critical Control Points plan of an establishment.''. SEC. 3. INCREASING MAXIMUM FEDERAL SHARE FOR EXPENSES OF STATE INSPECTION. (a) Poultry Products.--Section 5(a)(3) of the Poultry Products Inspection Act (21 U.S.C. 454(a)(3)) is amended in the second sentence by striking ``50 per centum'' and inserting ``65 percent''. (b) Meat and Meat Food Products.--Section 301(a)(3) of the Federal Meat Inspection Act (21 U.S.C. 661(a)(3)) is amended in the second sentence by striking ``50 per centum'' and inserting ``65 percent''. SEC. 4. COOPERATIVE INTERSTATE SHIPMENT OF POULTRY AND MEAT. (a) Poultry Products.--Section 31 of the Poultry Products Inspection Act (21 U.S.C. 472) is amended-- (1) in subsection (b)-- (A) in paragraph (2), by striking ``25 employees'' each place it appears and inserting ``50 employees''; and (B) in paragraph (3)-- (i) in the paragraph heading, by striking ``25'' and inserting ``50''; (ii) in subparagraph (A), by striking ``25'' and inserting ``50''; and (iii) in subparagraph (B)-- (I) in clause (i), by striking ``more than 25 employees but less than 35 employees'' and inserting ``more than 50 employees but less than 70 employees''; and (II) in clause (ii), by striking ``subsection (i)'' and inserting ``subsection (j)''; (2) in subsection (c), by striking ``60 percent'' and inserting ``80 percent''; (3) in subsection (e)(1), by striking ``subsection (i)'' and inserting ``subsection (j)''; (4) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and (5) by inserting after subsection (e) the following: ``(f) Federal Outreach.-- ``(1) In general.--In each of fiscal years 2023 through 2028, for the purpose of State participation in the Cooperative Interstate Shipment program, the Secretary shall conduct outreach to, and, as appropriate, subsequent negotiation with, not fewer than 25 percent of the States that-- ``(A) have a State poultry product inspection program pursuant to section 5; but ``(B) do not have a selected establishment. ``(2) Report.--At the conclusion of each of fiscal years 2023 through 2028, the Secretary shall submit a report detailing the activities and results of the outreach conducted during that fiscal year under paragraph (1) to-- ``(A) the Committee on Agriculture of the House of Representatives; ``(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; ``(C) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives; and ``(D) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate.''. (b) Meat and Meat Food Products.--Section 501 of the Federal Meat Inspection Act (21 U.S.C. 683) is amended-- (1) in subsection (b)-- (A) in paragraph (2), by striking ``25 employees'' each place it appears and inserting ``50 employees''; and (B) in paragraph (3)-- (i) in the paragraph heading, by striking ``25'' and inserting ``50''; (ii) in subparagraph (A), by striking ``25'' and inserting ``50''; and (iii) in subparagraph (B)(i), by striking ``more than 25 employees but less than 35 employees'' and inserting ``more than 50 employees but less than 70 employees''; (2) in subsection (c), by striking ``60 percent'' and inserting ``80 percent''; and (3) in subsection (f), by adding at the end the following: ``(3) Federal outreach.-- ``(A) In general.--In each of fiscal years 2023 through 2028, for the purpose of State participation in the Cooperative Interstate Shipment program, the Secretary shall conduct outreach to, and, as appropriate, subsequent negotiation with, not fewer than 25 percent of the States that-- ``(i) have a State meat inspection program pursuant to section 301; but ``(ii) do not have a selected establishment. ``(B) Report.--At the conclusion of each of fiscal years 2023 through 2028, the Secretary shall submit a report detailing the activities and results of the outreach conducted during that fiscal year under paragraph (1) to-- ``(i) the Committee on Agriculture of the House of Representatives; ``(ii) the Committee on Agriculture, Nutrition, and Forestry of the Senate; ``(iii) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the House of Representatives; and ``(iv) the Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies of the Committee on Appropriations of the Senate.''. SEC. 5. PROCESSING RESILIENCE GRANT PROGRAM. Subtitle A of the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) is amended by adding at the end the following: ``SEC. 210B. PROCESSING RESILIENCE GRANT PROGRAM. ``(a) Definitions.--In this section: ``(1) Business enterprise owned and controlled by socially and economically disadvantaged individuals.--The term `business enterprise owned and controlled by socially and economically disadvantaged individuals' has the meaning given the term in section 3002 of the State Small Business Credit Initiative Act of 2010 (12 U.S.C. 5701). ``(2) Eligible entity.--The term `eligible entity' means-- ``(A) a smaller establishment or very small establishment (as those terms are defined in the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. Reg. 33806 (July 25, 1996))); ``(B) a slaughtering or processing establishment subject to-- ``(i) a State meat inspection program pursuant to section 301 of the Federal Meat Inspection Act (21 U.S.C. 661); or ``(ii) a State poultry product inspection program pursuant to section 5 of the Poultry Products Inspection Act (21 U.S.C. 454); ``(C) a person engaging in custom operations that is exempt from inspection under-- ``(i) section 23 of the Federal Meat Inspection Act (21 U.S.C. 623); or ``(ii) section 15 of the Poultry Products Inspection Act (21 U.S.C. 464); and ``(D) a person seeking-- ``(i) to establish and operate an establishment described in subparagraph (A) or (B); or ``(ii) to engage in custom operations described in subparagraph (C). ``(3) Secretary.--The term `Secretary' means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service. ``(b) Grants.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Secretary shall award competitive grants to eligible entities for activities to increase resiliency and diversification of the meat processing system, including activities that-- ``(A) support the health and safety of meat and poultry plant employees, suppliers, and customers; ``(B) support increased processing capacity; and ``(C) otherwise support the resilience of the small meat and poultry processing sector. ``(2) Maximum amount.--The maximum amount of a grant awarded under this section shall not exceed $500,000. ``(3) Duration.--The term of a grant awarded under this section shall not exceed 3 years. ``(c) Applications.-- ``(1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``(2) Applications for small grants.--The Secretary shall establish a separate, simplified application process for eligible entities applying for a grant under this section of not more than $100,000. ``(3) Requirements.--The Secretary shall ensure that any application for a grant under this section is-- ``(A) simple and practicable; ``(B) accessible online; and ``(C) available through local staff of the Department of Agriculture. ``(4) Notice.--Not later than 14 days before the date on which the Secretary begins to accept applications under paragraph (1), the Secretary shall publish a notice of funding opportunity with respect to the grants available under this section. ``(5) Reapplication.--If an application of an eligible entity under this subsection is denied by the Secretary, the eligible entity may submit a revised application. ``(6) Priority.--In reviewing applications submitted under this subsection, the Secretary shall give priority to proposals that will-- ``(A) increase farmer and rancher access to animal slaughter options within a 200-mile radius of the location of the farmer or rancher; ``(B) support an eligible entity described in subsection (a)(2)(A); or ``(C) support an eligible entity that is a business enterprise owned and controlled by socially and economically disadvantaged individuals. ``(d) Use of Grant.--An eligible entity that receives a grant under this section shall use the grant funds to carry out activities in support of the purposes described in subsection (b)(1), including through-- ``(1) the development and issuance of a Hazard Analysis and Critical Control Points plan for the eligible entity, which may be developed by a consultant; ``(2) the purchase or establishment, as applicable, of facilities, equipment, processes, and operations necessary for the eligible entity to comply with applicable requirements under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the Poultry Products Inspection Act (21 U.S.C. 451 et seq.); ``(3) the purchase of cold storage, equipment, or transportation services; ``(4) the purchase of temperature screening supplies, testing for communicable diseases, disinfectant, sanitation systems, hand washing stations, and other sanitizing supplies; ``(5) the purchase and decontamination of personal protective equipment; ``(6) the construction or purchase of humane handling infrastructure, including holding space for livestock prior to slaughter, shade structures, and knock box structures; ``(7)(A) the purchase of software and computer equipment for record keeping, production data, Hazard Analysis and Critical Control Points record review, and facilitation of marketing and sales of products in a manner consistent with the social distancing guidelines of the Centers for Disease Control and Prevention; and ``(B) the provision of guidelines and training relating to that software and computer equipment; ``(8) the provision of staff time and training for implementing and monitoring health and safety procedures; ``(9) the development of a feasibility study or business plan for, or the carrying out of any other activity associated with, establishing or expanding a small meat or poultry processing facility; ``(10) the purchase of equipment that enables the further use or value-added sale of coproducts or byproducts, such as organs, hides, and other relevant products; and ``(11) other activities associated with expanding or establishing an eligible entity described in subsection (a)(2)(A), as determined by the Secretary. ``(e) Outreach.--During the period beginning on the date on which the Secretary publishes the notice under subsection (c)(4) and ending on the date on which the Secretary begins to accept applications under subsection (c)(1), the Secretary shall perform outreach to States and eligible entities relating to grants under this section. ``(f) Federal Share.-- ``(1) In general.--Subject to paragraph (2), the Federal share of the activities carried out using a grant awarded under this section shall not exceed-- ``(A) 90 percent in the case of a grant in the amount of $100,000 or less; or ``(B) 75 percent in the case of a grant in an amount greater than $100,000. ``(2) Fiscal years 2023 and 2024.--An eligible entity awarded a grant under this section during fiscal year 2023 or 2024 shall not be required to provide non-Federal matching funds with respect to the grant. ``(g) Administration.--The promulgation of regulations under, and administration of, this section shall be made without regard to-- ``(1) the notice and comment provisions of section 553 of title 5, United States Code; and ``(2) chapter 35 of title 44, United States Code (commonly known as the `Paperwork Reduction Act'). ``(h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Agriculture to carry out this section $20,000,000 for each of fiscal years 2023 through 2028.''. SEC. 6. LOCAL MEAT AND POULTRY PROCESSING TRAINING PROGRAMS. Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 (7 U.S.C. 7624) the following: ``SEC. 403. LOCAL MEAT AND POULTRY PROCESSING TRAINING PROGRAMS. ``(a) Institutional Career Training Programs.-- ``(1) In general.--The Secretary shall provide competitive grants to junior or community colleges, technical or vocational schools, nonprofit organizations, worker training centers, and land-grant colleges and universities (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) to establish or expand career training programs relating to meat and poultry processing. ``(2) Applications for small grants.--The Secretary shall establish a separate, simplified application and reporting process for entities described in paragraph (1) applying for a grant under this subsection of not more than $100,000. ``(3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $10,000,000 for each of fiscal years 2023 through 2028. ``(b) Processor Career Training Programs.-- ``(1) In general.--The Secretary shall provide grants to smaller establishments and very small establishments (as those terms are defined in the final rule entitled `Pathogen Reduction; Hazard Analysis and Critical Control Point (HACCP) Systems' (61 Fed. Reg. 38806 (July 25, 1996))) and nongovernmental organizations to offset the cost of training new meat and poultry processors. ``(2) Applications for small grants.--The Secretary shall establish a separate, simplified application and reporting process for entities described in paragraph (1) applying for a grant under this subsection of not more than $100,000. ``(3) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out this subsection $10,000,000 for each of fiscal years 2023 through 2028.''. &lt;all&gt; </pre></body></html>
[ "Agriculture and Food" ]
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118S355
Federal Price Gouging Prevention Act
[ [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "sponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "M001111", "Sen. Murray, Patty [D-WA]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ] ]
<p><strong>Federal Price Gouging Prevention Act</strong><br> <br> This bill prohibits any person from selling, during a proclaimed domestic or international crisis affecting the oil markets, gasoline at a price that (1) is unconscionably excessive, and (2) indicates that the seller is taking unfair advantage of the crisis to increase prices unreasonably. The President may issue a proclamation of such a crisis that specifies the geographic area covered and how long the proclamation applies.</p> <p>The bill provides for enforcement by the Federal Trade Commission and imposes enhanced civil penalties and criminal fines. It also authorizes state attorneys general to bring a civil action to enforce the prohibitions of this bill.</p>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 355 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 355 To protect consumers from price-gouging of gasoline and other fuels, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Ms. Duckworth (for herself, Mr. Blumenthal, Mrs. Murray, and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To protect consumers from price-gouging of gasoline and other fuels, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Price Gouging Prevention Act''. SEC. 2. UNCONSCIONABLE PRICING OF GASOLINE AND OTHER PETROLEUM DISTILLATES DURING EMERGENCIES. (a) Unconscionable Pricing.-- (1) In general.--It shall be unlawful for any person to sell, at wholesale or at retail in an area and during a period of a domestic or an international crisis affecting the oil markets proclaimed under paragraph (2), gasoline or any other petroleum distillate covered by a proclamation issued under paragraph (2) at a price that-- (A) is unconscionably excessive; and (B) indicates the seller is taking unfair advantage of the circumstances related to a domestic or an international crisis to increase prices unreasonably. (2) Energy emergency proclamation.-- (A) In general.--The President may issue a proclamation of a domestic or an international crisis affecting the oil markets and may designate any area within the jurisdiction of the United States (including the entire United States), where the prohibition in paragraph (1) shall apply. The proclamation shall state the geographic area covered, the gasoline or other petroleum distillate covered, and the time period that such proclamation shall be in effect. (B) Duration.--The proclamation-- (i) may not apply for a period of more than 30 consecutive days, but may be renewed for such consecutive periods, each not to exceed 30 days, as the President determines appropriate; and (ii) may include a period of time not to exceed 1 week preceding a reasonably foreseeable emergency. (3) Factors considered.--In determining whether a person has violated paragraph (1), there shall be taken into account, among other factors-- (A) whether the amount charged by such person for the applicable gasoline or other petroleum distillate at a particular location in an area covered by a proclamation issued under paragraph (2) during the period such proclamation is in effect-- (i) grossly exceeds the average price at which the applicable gasoline or other petroleum distillate was offered for sale by that person during the 30 days prior to such proclamation; (ii) grossly exceeds the price at which the same or similar gasoline or other petroleum distillate was readily obtainable in the same area from other competing sellers during the same period; (iii) reasonably reflected additional costs, not within the control of that person, that were paid, incurred, or reasonably anticipated by that person, or reflected additional risks taken by that person to produce, distribute, obtain, or sell such product under the circumstances; and (iv) was substantially attributable to local, regional, national, or international market conditions; and (B) whether the quantity of gasoline or other petroleum distillate the person produced, distributed, or sold in an area covered by a proclamation issued under paragraph (2) during a 30-day period following the issuance of such proclamation increased over the quantity that that person produced, distributed, or sold during the 30 days prior to such proclamation, taking into account usual seasonal demand variations. (b) Definitions.--As used in this section-- (1) the term ``wholesale'', with respect to sales of gasoline or other petroleum distillates, means either truckload or smaller sales of gasoline or petroleum distillates where title transfers at a product terminal or a refinery, and dealer tank wagon sales of gasoline or petroleum distillates priced on a delivered basis to retail outlets; and (2) the term ``retail'', with respect to sales of gasoline or other petroleum distillates, includes all sales to end users such as motorists as well as all direct sales to other end users such as agriculture, industry, residential, and commercial consumers. SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION. (a) Enforcement by FTC.--A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. In enforcing section 2 of this Act, the Commission shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. (b) Civil Penalties.-- (1) In general.--Notwithstanding the penalties set forth under the Federal Trade Commission Act, any person who violates section 2 with actual knowledge or knowledge fairly implied on the basis of objective circumstances shall be subject to-- (A) a civil penalty of not more than 3 times the amount of profits gained by such person through such violation; or (B) a civil penalty of not more than $100,000,000. (2) Method.--The penalties provided by paragraph (1) shall be obtained in the same manner as civil penalties obtained under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (3) Multiple offenses; mitigating factors.--In assessing the penalty provided by subsection (a)-- (A) each day of a continuing violation shall be considered a separate violation; and (B) the court shall take into consideration, among other factors, the seriousness of the violation and the efforts of the person committing the violation to remedy the harm caused by the violation in a timely manner. SEC. 4. CRIMINAL PENALTIES. (a) In General.--In addition to any penalty applicable under section 3, any person who violates section 2 shall be fined under title 18, United States Code, in an amount not to exceed $500,000,000. (b) Enforcement.--The criminal penalty provided by subsection (a) may be imposed only pursuant to a criminal action brought by the Attorney General or other officer of the Department of Justice. The Attorney General shall give priority to enforcement actions concerning companies with total United States wholesale or retail sales of gasoline and other petroleum distillates in excess of $10,000,000,000 per year. SEC. 5. ENFORCEMENT AT RETAIL LEVEL BY STATE ATTORNEYS GENERAL. (a) In General.--A State, as parens patriae, may bring a civil action on behalf of its residents in an appropriate district court of the United States to enforce the provisions of section 2 of this Act, or to impose the civil penalties authorized by section 3(b)(1)(B), whenever the attorney general of the State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act or a regulation under this Act, involving a retail sale. (b) Notice.--The State shall serve written notice to the Federal Trade Commission of any civil action under subsection (a) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. (c) Authority To Intervene.--Upon receiving the notice required by subsection (b), the Federal Trade Commission may intervene in such civil action and upon intervening-- (1) be heard on all matters arising in such civil action; and (2) file petitions for appeal of a decision in such civil action. (d) Construction.--For purposes of bringing any civil action under subsection (a), nothing in this section shall prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (e) Venue; Service of Process.--In a civil action brought under subsection (a)-- (1) the venue shall be a judicial district in which-- (A) the defendant operates; (B) the defendant was authorized to do business; or (C) the defendant in the civil action is found; (2) process may be served without regard to the territorial limits of the district or of the State in which the civil action is instituted; and (3) a person who participated with the defendant in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. (f) Limitation on State Action While Federal Action Is Pending.--If the Federal Trade Commission has instituted a civil action or an administrative action for violation of this Act, no State attorney general, or official or agency of a State, may bring an action under this subsection during the pendency of that action against any defendant named in the complaint of the Federal Trade Commission or the other agency for any violation of this Act alleged in the complaint. (g) Enforcement of State Law.--Nothing contained in this section shall prohibit an authorized State official from proceeding in State court to enforce a civil or criminal statute of such State. SEC. 6. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this Act shall be construed to limit or affect in any way the Federal Trade Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--Nothing in this Act preempts any State law. &lt;all&gt; </pre></body></html>
[ "Commerce" ]
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118S356
Syria Detainee and Displaced Persons Act
[ [ "S001181", "Sen. Shaheen, Jeanne [D-NH]", "sponsor" ], [ "G000359", "Sen. Graham, Lindsey [R-SC]", "cosponsor" ], [ "M000639", "Sen. Menendez, Robert [D-NJ]", "cosponsor" ], [ "R000584", "Sen. Risch, James E. [R-ID]", "cosponsor" ] ]
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 356 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 356 To amend the National Defense Authorization Act for Fiscal Year 2020 to modify the establishment of a coordinator for detained ISIS members and relevant displaced populations in Syria, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mrs. Shaheen (for herself, Mr. Graham, Mr. Menendez, and Mr. Risch) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To amend the National Defense Authorization Act for Fiscal Year 2020 to modify the establishment of a coordinator for detained ISIS members and relevant displaced populations in Syria, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Syria Detainee and Displaced Persons Act''. SEC. 2. MODIFICATION OF ESTABLISHMENT OF COORDINATOR FOR DETAINED ISIS MEMBERS AND RELEVANT POPULATIONS IN SYRIA. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on the Judiciary, the Committee on Financial Services, the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Homeland Security of the House of Representatives. (2) ISIS member.--The term ``ISIS member'' means a person who was part of, or substantially supported, the Islamic State in Iraq and Syria. (3) Senior coordinator.--The term ``Senior Coordinator'' means the coordinator for detained ISIS members and relevant displaced populations in Syria designated under subsection (a) of section 1224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642), as amended by subsection (d). (b) Sense of Congress.-- It is the sense of Congress that-- (A) ISIS detainees held by the Syrian Democratic Forces and ISIS-affiliated individuals located within displaced persons camps in Syria pose a significant and growing humanitarian challenge and security threat to the region; (B) the vast majority of individuals held in displaced persons camps in Syria are women and children, approximately 50 percent of whom are under the age of 12 at the al-Hol camp, and they face significant threats of violence and radicalization, as well as lacking access to adequate sanitation and health care facilities; (C) there is an urgent need to seek a sustainable solution to such camps through repatriation and reintegration of the inhabitants; (D) the United States should work closely with international allies and partners to facilitate the repatriation and reintegration efforts required to provide a long-term solution for such camps and prevent the resurgence of ISIS; and (E) if left unaddressed, such camps will continue to be drivers of instability that jeopardize the long- term prospects for peace and stability in the region. (c) Statement of Policy.--It is the policy of the United States that-- (1) ISIS-affiliated individuals located within displacement camps in Syria, and other inhabitants of displacement camps in Syria, be repatriated and, where appropriate, prosecuted, or where possible, reintegrated into their country of origin, consistent with all relevant domestic laws and applicable international laws prohibiting refoulement; and (2) the camps will be closed as soon as is practicable. (d) Modification of Establishment of Coordinator for Detained ISIS Members and Relevant Displaced Populations in Syria.--Section 1224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1642) is amended-- (1) by striking subsection (a); (2) by amending subsection (b) to read as follows: ``(a) Designation.-- ``(1) In general.--The President, in consultation with the Secretary of Defense, the Secretary of State, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall designate an existing official to serve within the executive branch as senior-level coordinator to coordinate, in conjunction with other relevant agencies, matters related to ISIS members who are in the custody of the Syrian Democratic Forces and other relevant displaced populations in Syria, including-- ``(A) by engaging foreign partners to support the repatriation and disposition of such individuals, including by encouraging foreign partners to repatriate, transfer, investigate, and prosecute such ISIS members, and share information; ``(B) coordination of all multilateral and international engagements led by the Department of State and other agencies that are related to the current and future handling, detention, and prosecution of such ISIS members; ``(C) the funding and coordination of the provision of technical and other assistance to foreign countries to aid in the successful investigation and prosecution of such ISIS members, as appropriate, in accordance with relevant domestic laws, international humanitarian law, and other internationally recognized human rights and rule of law standards; ``(D) coordination of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Syria that hold family members of such ISIS members; ``(E) coordination with relevant agencies on matters described in this section; and ``(F) any other matter the President considers relevant. ``(2) Rule of construction.--If, on the date of the enactment of the Syria Detainee and Displaced Persons Act, an individual has already been designated, consistent with the requirements and responsibilities described in paragraph (1), the requirements under that paragraph shall be considered to be satisfied with respect to such individual until the date on which such individual no longer serves as the Senior Coordinator.''; (3) in subsection (c), by striking ``subsection (b)'' and inserting ``subsection (a)''; (4) in subsection (d), by striking ``subsection (b)'' and inserting ``subsection (a)''; (5) in subsection (e), by striking ``January 31, 2021'' and inserting ``January 31, 2025''; (6) in subsection (f)-- (A) by redesignating paragraph (2) as paragraph (3); (B) by inserting after paragraph (1) the following new paragraph (2): ``(2) Senior coordinator.--The term `Senior Coordinator' means the individual designated under subsection (a).''; and (C) by adding at the end the following new paragraph: ``(4) Relevant agencies.--The term `relevant agencies' means-- ``(A) the Department of State; ``(B) the Department of Defense; ``(C) the Department of the Treasury; ``(D) the Department of Justice; ``(E) the United States Agency for International Development; ``(F) the Office of the Director of National Intelligence; and ``(G) any other agency the President considers relevant.''; and (7) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. (e) Strategy on ISIS-Related Detainee and Displacement Camps in Syria.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Secretary of Defense, the Director of National Intelligence, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, and the Attorney General, shall submit to the appropriate committees of Congress an interagency strategy with respect to ISIS-affiliated individuals and ISIS-related detainee and other displaced persons camps in Syria. (2) Elements.--The strategy required by paragraph (1) shall include-- (A) methods to address-- (i) disengagement from and prevention of recruitment into violence, violent extremism, and other illicit activity in such camps; (ii) efforts to encourage and facilitate repatriation and, as appropriate, investigation and prosecution of foreign nationals from such camps, consistent with all relevant domestic and applicable international laws; (iii) the return and reintegration of displaced Syrian and Iraqi women and children into their communities of origin; (iv) international engagement to develop processes for repatriation and reintegration of foreign nationals from such camps; (v) contingency plans for the relocation of detained and displaced persons who are not able to be repatriated from such camps; (vi) efforts to improve the humanitarian conditions in such camps, including through the delivery of medicine, psychosocial support, clothing, education, and improved housing; and (vii) assessed humanitarian and security needs of all camps and detainment facilities based on prioritization of such camps and facilities most at risk of humanitarian crises, external attacks, or internal violence; (B) an assessment of-- (i) rehabilitation centers in northeast Syria, including humanitarian conditions and processes for admittance and efforts to improve both humanitarian conditions and admittance processes for such centers and camps, as well as on the prevention of youth radicalization; and (ii) processes for being sent to, and resources directed towards, rehabilitation centers and programs in countries that receive returned ISIS affiliated individuals, with a focus on the prevention of radicalization of minor children; (C) a plan to improve, in such camps-- (i) security conditions, including by training of personnel and through construction; and (ii) humanitarian conditions; (D) a framework for measuring progress of humanitarian, security, and repatriation efforts with the goal of closing such camps; and (E) any other matter the Secretary of State considers appropriate. (3) Form.--The strategy required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately. (f) Annual Interagency Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter through January 31, 2025, the Senior Coordinator, in coordination with the relevant agencies, shall submit to the appropriate committees of Congress a detailed report that includes the following: (A) A detailed description of the facilities and camps where detained ISIS members, and families with perceived ISIS affiliation, are being held and housed, including-- (i) a description of the security and management of such facilities and camps; (ii) an assessment of resources required for the security of such facilities and camps; (iii) an assessment of the adherence by the operators of such facilities and camps to international humanitarian law standards; and (iv) an assessment of children held within such facilities and camps that may be used as part of smuggling operations to evade security at the facilities and camps. (B) A description of all efforts undertaken by, and the resources needed for, the United States Government to address deficits in the humanitarian environment and security of such facilities and camps. (C) A description of all multilateral and international engagements related to humanitarian access and provision of basic services to, and freedom of movement and security and safe return of, displaced persons at camps or facilities in Iraq, Syria, and any other area affected by ISIS activity, including a description of-- (i) support for efforts by the Syrian Democratic Forces to facilitate the return and reintegration of displaced people from Iraq and Syria; (ii) repatriation efforts with respect to displaced women and children and male children aging into adults while held in these facilities and camps; (iii) any current or future potential threat to United States national security interests posed by detained ISIS members or displaced families, including an analysis of the al-Hol camp and annexes; and (iv) United States Government plans and strategies to respond to any threat identified under clause (iii). (D) The number of individuals repatriated from the custody of the Syrian Democratic Forces. (E) An analysis of factors on the ground in Syria and Iraq that may result in the unintended release of detained or displaced ISIS members, and an assessment of any measures available to mitigate such releases. (F) A detailed description of efforts to encourage the final disposition and security of detained or displaced ISIS members with other countries and international organizations. (G) A description of foreign repatriation and rehabilitation programs deemed successful systems to model, and an analysis of the long-term results of such programs. (H) A description of the manner in which the United States Government communicates regarding repatriation and disposition efforts with the families of United States citizens believed to have been victims of a criminal act by a detained or displaced ISIS member, in accordance with section 503(c) of the Victims' Rights and Restitution Act of 1990 (34 U.S.C. 20141(c)) and section 3771 of title 18, United States Code. (I) An analysis of all efforts between the United States and partner countries within the Global Coalition to Defeat ISIS or other countries to share related information that may aid in resolving the final disposition of ISIS members, and any obstacles that may hinder such efforts. (J) Any other matter the Coordinator considers appropriate. (2) Form.--The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex that is transmitted separately. (g) Rule of Construction.--Nothing in this section, or an amendment made by this section, may be construed-- (1) to limit the authority of any Federal agency to independently carry out the authorized functions of such agency; or (2) to impair or otherwise affect the activities performed by that agency as granted by law. &lt;all&gt; </pre></body></html>
[ "International Affairs" ]
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118S357
No Tax Breaks for Outsourcing Act
[ [ "W000802", "Sen. Whitehouse, Sheldon [D-RI]", "sponsor" ], [ "D000563", "Sen. Durbin, Richard J. [D-IL]", "cosponsor" ], [ "V000128", "Sen. Van Hollen, Chris [D-MD]", "cosponsor" ], [ "D000622", "Sen. Duckworth, Tammy [D-IL]", "cosponsor" ], [ "H001042", "Sen. Hirono, Mazie K. [D-HI]", "cosponsor" ], [ "B001288", "Sen. Booker, Cory A. [D-NJ]", "cosponsor" ], [ "W000817", "Sen. Warren, Elizabeth [D-MA]", "cosponsor" ], [ "R000122", "Sen. Reed, Jack [D-RI]", "cosponsor" ], [ "H001046", "Sen. Heinrich, Martin [D-NM]", "cosponsor" ], [ "B001277", "Sen. Blumenthal, Richard [D-CT]", "cosponsor" ], [ "M001169", "Sen. Murphy, Christopher [D-CT]", "cosponsor" ], [ "B001230", "Sen. Baldwin, Tammy [D-WI]", "cosponsor" ], [ "M000133", "Sen. Markey, Edward J. [D-MA]", "cosponsor" ], [ "C001070", "Sen. Casey, Robert P., Jr. [D-PA]", "cosponsor" ], [ "M001176", "Sen. Merkley, Jeff [D-OR]", "cosponsor" ], [ "S001194", "Sen. Schatz, Brian [D-HI]", "cosponsor" ] ]
<p><b>No Tax Breaks for Outsourcing Act </b></p> <p>This bill modifies the tax treatment of the foreign source income of domestic corporations. The bill includes provisions that</p> <ul> <li>modify calculations of the gross income of U.S. shareholders to include net controlled foreign corporation (CFC) tested income in the current taxable year;</li> <li>apply limitations on the foreign tax credit on a country-by-country basis;</li> <li> limit the tax deduction for the interest expense of a U.S. corporation that is a member of an international financial reporting group (i.e., a group that prepares consolidated financial statements according to generally accepted accounting principles or international financial reporting standards);</li> <li> modify the rules for the taxation of inverted corporations (i.e., U.S. corporations that acquire foreign companies to reincorporate in a foreign jurisdiction with income tax rates lower than the United States); and </li> <li> treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations for tax purposes.</li> </ul>
<html><body><pre>[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [S. 357 Introduced in Senate (IS)] &lt;DOC&gt; 118th CONGRESS 1st Session S. 357 To amend the Internal Revenue Code of 1986 to provide for current year inclusion of net CFC tested income, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES February 9, 2023 Mr. Whitehouse (for himself, Mr. Durbin, Mr. Van Hollen, Ms. Duckworth, Ms. Hirono, Mr. Booker, Ms. Warren, Mr. Reed, Mr. Heinrich, Mr. Blumenthal, Mr. Murphy, Ms. Baldwin, Mr. Markey, Mr. Casey, Mr. Merkley, and Mr. Schatz) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide for current year inclusion of net CFC tested income, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``No Tax Breaks for Outsourcing Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Current year inclusion of net CFC tested income. Sec. 3. Country-by-country application of limitation on foreign tax credit based on taxable units. Sec. 4. Limitation on deduction of interest by domestic corporations which are members of an international financial reporting group. Sec. 5. Modifications to rules relating to inverted corporations. Sec. 6. Treatment of foreign corporations managed and controlled in the United States as domestic corporations. SEC. 2. CURRENT YEAR INCLUSION OF NET CFC TESTED INCOME. (a) Repeal of Tax-Free Deemed Return on Investments.-- (1) In general.--Section 951A(a) is amended by striking ``global intangible low-taxed income'' and inserting ``net CFC tested income''. (2) Conforming amendments.-- (A) Section 951A is amended by striking subsections (b) and (d). (B) Section 951A(e)(1) is amended by striking ``subsections (b), (c)(1)(A), and'' and inserting ``subsections (c)(1)(A) and''. (C) Section 951A(f) is amended by striking ``global intangible low-taxed income'' each place it appears and inserting ``net CFC tested income''. (D) Section 960(d)(2)(A) is amended by striking ``global intangible low-taxed income (as defined in section 951A(b))'' and inserting ``net CFC tested income (as defined in section 951A(c))''. (b) Country-by-Country Application of Section Based on CFC Taxable Units.--Section 951A is amended by adding at the end the following new subsection: ``(g) Country-by-Country Application of Section Based on CFC Taxable Units.-- ``(1) In general.--If any CFC taxable unit of a United States shareholder is a tax resident of (or, in the case of a branch, is located in) a country which is different from the country with respect to which any other CFC taxable unit of such United States shareholder is a tax resident (or, in the case of a branch, is located in)-- ``(A) such shareholder's net CFC tested income for purposes of subsection (a) shall be the sum of the amounts of net CFC tested income determined separately with respect to each such country, and ``(B) for purposes of determining such separate amounts of net CFC tested income-- ``(i) except as otherwise provided by the Secretary, any reference in subsection (c) to a controlled foreign corporation of such shareholder shall be treated as reference to a CFC taxable unit of such shareholder, and ``(ii) net CFC tested income and such other items and amounts as the Secretary may provide, shall be determined separately with respect to each such country by determining such amounts with respect to the CFC taxable units of such shareholder which are a tax resident of such country. ``(2) Definitions.--For purposes of this subsection-- ``(A) CFC taxable unit.--The term `CFC taxable unit' means any taxable unit described in clause (ii), (iii), or (iv) of section 904(e)(2)(B), determined-- ``(i) by substituting `controlled foreign corporation' for `foreign corporation' each place it appears in such clauses, and ``(ii) without regard to the references to the taxpayer in clauses (iii) and (iv) of such section. ``(B) Application of other definitions.--Terms used in this subsection which are also used in section 904(e) shall have the same meaning as when used in section 904(e). ``(3) Special rules.--For purposes of this subsection-- ``(A) Application of certain rules.--Except as otherwise provided by the Secretary, rules similar to the rules of section 904(e) shall apply. ``(B) Allocation of net cfc tested income to controlled foreign corporations.--Except as otherwise provided by the Secretary, subsection (f)(2) shall be applied separately with respect to each CFC taxable unit.''. (c) Regulatory Authority.--Section 951A, as amended by subsection (b), is amended by adding at the end the following new subsection: ``(h) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out, or prevent the avoidance of, the purposes of this section, including regulations or guidance which provide for-- ``(1) the treatment of property if such property is transferred, or held, temporarily, ``(2) the treatment of property if the avoidance of the purposes of this section is a factor in the transfer or holding of such property, ``(3) appropriate adjustments to the basis of stock and other ownership interests, and to earnings and profits, to reflect tested losses (whether or not taken into account in determining net CFC tested income), ``(4) rules similar to the rules provided under the regulations or guidance issued under section 904(e)(4), ``(5) other appropriate basis adjustments, ``(6) appropriate adjustments to be made, and appropriate tax attributes and records to be maintained, separately with respect to CFC taxable units, and ``(7) appropriate adjustments in determining tested income or tested loss if property is transferred between related parties or amounts are paid or accrued between related parties.''. (d) Coordination With Other Provisions.--Section 951A(f)(1) is amended by adding at the end the following new subparagraph: ``(C) Treatment of certain references.--Except as otherwise provided by the Secretary, references to section 951 or section 951(a) in sections 959, 961, 962, and such other provisions as the Secretary may identify shall include references to section 951A or section 951A(a), respectively.''. (e) Repeal of Reduced Rate of Tax on Net CFC Tested Income and Foreign-Derived Intangible Income.-- (1) In general.--Part VIII of subchapter B of chapter 1 is amended by striking section 250 (and by striking the item relating to such section in the table of sections of such part). (2) Conforming amendments.-- (A) Section 59A(c)(4)(B)(i) is amended by striking ``section 172, 245A, or 250'' and inserting ``section 172 or 245A''. (B) Section 172(d) is amended by striking paragraph (9). (C) Section 246(b)(1) is amended-- (i) by striking ``subsection (a) and (b) of section 245, and section 250'' and inserting ``and subsection (a) and (b) of section 245''; and (ii) by striking ``subsection (a) and (b) of section 245, and 250'' and inserting ``and subsection (a) and (b) of section 245''. (D) Section 469(i)(3)(E)(iii) is amended by striking ``, 221, and 250'' and inserting ``and 221''. (f) Repeal of Certain Exclusions From the Determination of Tested Income.--Section 951A(c)(2)(A)(i) is amended-- (1) by striking subclauses (III) and (V), (2) by redesignating subclause (IV) as subclause (III), (3) by adding ``and'' at the end of subclause (II), and (4) by striking ``and'' at the end of subclause (III) (as so redesignated) and inserting ``over''. (g) Increase in Deemed Paid Credit for Taxes Properly Attributable to Tested Income.-- (1) In general.--Section 960(d) is amended by striking ``80 percent of''. (2) Conforming amendment.--Section 78 is amended by striking ``(determined without regard to the phrase ``80 percent of'' in subsection (d)(1) thereof)''. (h) Repeal of High Tax Exclusion for Foreign Base Company Income and Insurance Income.-- (1) In general.--Section 954(b) is amended by striking paragraph (4). (2) Conforming amendment.--Section 904(d)(3)(E) is amended by striking the last sentence. (i) Elimination of Carryback of Foreign Tax Credit.-- (1) In general.--Section 904(c) is amended-- (A) by striking ``in the first preceding taxable year, and in any of the first 10 succeeding taxable years, in that order'' and inserting ``in any of the first 10 succeeding taxable years, in order'', (B) by striking ``preceding or'' each place it appears, and (C) by striking ``Carryback and'' in the heading thereof. (2) Application to limitation on foreign oil and gas taxes.--Section 907(f) is amended-- (A) in paragraph (1), by striking ``in the first preceding taxable year and'', (B) in paragraph (2), by striking ``preceding or'' in the matter preceding subparagraph (A), (C) in paragraph (3)(B)-- (i) by striking ``in a preceding or succeeding'' and inserting ``in a succeeding'', and (ii) by striking ``in such preceding or succeeding'' both places it appears and inserting ``in such succeeding'', and (D) in the heading, by striking ``Carryback and''. (j) Treatment of Foreign Base Company Oil Related Income as Subpart F Income.-- (1) In general.--Section 954(a) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the foreign base company oil related income for the taxable year (determined under subsection (f) and reduced as provided in subsection (b)(5)).''. (2) Foreign base company oil related income.--Section 954 is amended by inserting after subsection (e) the following new subsection: ``(f) Foreign Base Company Oil Related Income.--For purposes of this section, the term `foreign base company oil related income' means foreign oil related income (within the meaning of paragraphs (2) and (3) of section 907(c)) other than income derived from a source within a foreign country in connection with-- ``(1) oil or gas which was extracted from an oil or gas well located in such foreign country, or ``(2) oil, gas, or a primary product of oil or gas which is sold by the foreign corporation or a related person for use or consumption within such country or is loaded in such country on a vessel or aircraft as fuel for such vessel or aircraft. Such term shall not include any foreign personal holding company income (as defined in subsection (c)).''. (3) Conforming amendments.-- (A) Section 952(c)(1)(B)(iii) is amended by redesignating subclauses (III) and (IV) as subclauses (IV) and (V), respectively, and by inserting after subclause (II) the following new subclause: ``(III) foreign base company oil related income.''. (B) Section 954(b) is amended-- (i) by striking ``and the foreign base company services income'' in paragraph (5) and inserting ``the foreign base company services income, and the foreign base company oil related income'', and (ii) by adding at the end the following new paragraph: ``(6) Foreign base company oil related income not treated as another kind of foreign base company income.--Income of a corporation which is foreign base company oil related income shall not be considered foreign base company income of such corporation under paragraph (2) or (3) of subsection (a).''. (k) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2022, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end. (2) Regulatory authority and coordination with other provisions.--The amendments made by subsections (c) and (d) shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end. (3) Repeal of reduced rate of tax; increase in deemed paid credit.--The amendments made by subsections (e) and (g) shall apply to taxable years beginning after December 31, 2022. (4) Elimination of carryback of foreign tax credit.--The amendment made by subsection (i) shall apply to credits arising in taxable years beginning after December 31, 2022. (l) No Inference Regarding Certain Modifications.--The amendments made by subsections (c) and (d) shall not be construed to create any inference with respect to the proper application of any provision of the Internal Revenue Code of 1986 with respect to any taxable year beginning before the taxable years to which such amendments apply. SEC. 3. COUNTRY-BY-COUNTRY APPLICATION OF LIMITATION ON FOREIGN TAX CREDIT BASED ON TAXABLE UNITS. (a) In General.--Section 904 is amended by inserting after subsection (d) the following new subsection: ``(e) Country-by-Country Application Based on Taxable Units.-- ``(1) In general.--Subsection (d) (and the provisions of this title referred to in paragraph (1) of such subsection) shall be applied separately with respect to each country by taking into account the aggregate income properly attributable or otherwise allocable to a taxable unit of the taxpayer which is a tax resident of (or, in the case of a branch, is located in) such country. ``(2) Taxable units.-- ``(A) In general.--Except as otherwise provided by the Secretary, each item shall be attributable or otherwise allocable to exactly one taxable unit of the taxpayer. ``(B) Determination of taxable units.--Except as otherwise provided by the Secretary, the taxable units of a taxpayer are as follows: ``(i) General taxable unit.--The person that is the taxpayer and that is not otherwise described in a separate clause of this subparagraph. ``(ii) Certain foreign corporations.--Each foreign corporation with respect to which the taxpayer is a United States shareholder. ``(iii) Interests in pass-through entities.--Each interest held (directly or indirectly) by the taxpayer or any foreign corporation referred to in clause (ii) in a pass-through entity if such pass-through entity is a tax resident of a country other than the country with respect to which such taxpayer or foreign corporation (as the case may be) is a tax resident. ``(iv) Branches.--Each branch (or portion thereof) the activities of which are directly or indirectly carried on by the taxpayer or any foreign corporation referred to in clause (ii) and which give rise to a taxable presence in a country other than the country with respect to which such taxpayer or foreign corporation (as the case may be) is a tax resident. ``(3) Definitions and special rules.--For purposes of this subsection-- ``(A) Tax resident.--Except as otherwise provided by the Secretary, the term `tax resident' means a person or entity subject to tax under the tax law of a country as a resident. If an entity is organized under the law of a country, or resident in a country, that does not impose an income tax with respect to such entities, such entity shall, except as provided by the Secretary, be treated as subject to tax under the tax law of such country for the purposes of the preceding sentence. ``(B) Pass-through entity.--Except as otherwise provided by the Secretary, the term `pass-through entity' includes any partnership or other entity to the extent that income, gain, deduction, or loss of the entity is taken into account in determining the income or loss of a person that owns (directly or indirectly) an interest in such entity. ``(C) Branch.--Except as otherwise provided by the Secretary, the term `branch' means a taxable presence of a tax resident in a country other than its country of residence as determined under such other country's tax law. The Secretary shall provide regulations or other guidance applying such term to activities in a country that do not give rise to a taxable presence. ``(D) Treatment of fiscally autonomous jurisdictions.--Any fiscally autonomous jurisdiction shall be treated as a separate country. Any possession of the United States shall also be treated as a separate country. ``(E) Possession of the united states.--The term `possession of the United States' means each of American Samoa, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. ``(4) Regulations.--The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out, or prevent avoidance of, the purposes of this subsection, including regulations or other guidance-- ``(A) providing for the application of this subsection to an entity or arrangement that is considered a tax resident of more than one country or of no country, ``(B) providing for the application of this subsection to hybrid entities or hybrid transactions (as such terms are used for purposes of section 267A), pass-through entities, passive foreign investment companies, trusts, and other entities or arrangements not otherwise described in this subsection, and ``(C) providing for the assignment of any item (including foreign taxes and deductions) to taxable units, including in the case of amounts not otherwise taken into account in determining taxable income under this chapter.''. (b) Treatment of Inadequate Substantiation.--Section 904(d)(4)(C)(ii) is amended by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)(C)''. (c) Application of Foreign Tax Credit Limitation With Respect to Foreign Branches.--Section 904(d)(2)(J)(i) is amended-- (1) by striking ``qualified business units (as defined in section 989(a)) in 1 or more foreign countries'' and inserting ``foreign branches described in section 904(e)(2)(B)(iv)'', and (2) by striking ``a qualified business unit'' and inserting ``a foreign branch''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 4. LIMITATION ON DEDUCTION OF INTEREST BY DOMESTIC CORPORATIONS WHICH ARE MEMBERS OF AN INTERNATIONAL FINANCIAL REPORTING GROUP. (a) In General.--Section 163 is amended by redesignating subsection (n) as subsection (p) and by inserting after subsection (m) the following new subsection: ``(n) Limitation on Deduction of Interest by Domestic Corporations in International Financial Reporting Groups.-- ``(1) In general.--In the case of any domestic corporation which is a member of any international financial reporting group, the deduction under this chapter for interest paid or accrued during the taxable year shall not exceed the sum of-- ``(A) the allowable percentage of 110 percent of the excess (if any) of-- ``(i) the amount of such interest so paid or accrued, over ``(ii) the amount described in subparagraph (B), plus ``(B) the amount of interest includible in gross income of such corporation for such taxable year. ``(2) International financial reporting group.-- ``(A) For purposes of this subsection, the term `international financial reporting group' means, with respect to any reporting year, any group of entities which-- ``(i) includes-- ``(I) at least one foreign corporation engaged in a trade or business within the United States, or ``(II) at least one domestic corporation and one foreign corporation, ``(ii) prepares consolidated financial statements with respect to such year, and ``(iii) reports in such statements average annual gross receipts (determined in the aggregate with respect to all entities which are part of such group) for the 3-reporting- year period ending with such reporting year in excess of $100,000,000. ``(B) Rules relating to determination of average gross receipts.--For purposes of subparagraph (A)(iii), rules similar to the rules of section 448(c)(3) shall apply. ``(3) Allowable percentage.--For purposes of this subsection-- ``(A) In general.--The term `allowable percentage' means, with respect to any domestic corporation for any taxable year, the ratio (expressed as a percentage and not greater than 100 percent) of-- ``(i) such corporation's allocable share of the international financial reporting group's reported net interest expense for the reporting year of such group which ends in or with such taxable year of such corporation, over ``(ii) such corporation's reported net interest expense for such reporting year of such group. ``(B) Reported net interest expense.--The term `reported net interest expense' means-- ``(i) with respect to any international financial reporting group for any reporting year, the excess of-- ``(I) the aggregate amount of interest expense reported in such group's consolidated financial statements for such taxable year, over ``(II) the aggregate amount of interest income reported in such group's consolidated financial statements for such taxable year, and ``(ii) with respect to any domestic corporation for any reporting year, the excess of-- ``(I) the amount of interest expense of such corporation reported in the books and records of the international financial reporting group which are used in preparing such group's consolidated financial statements for such taxable year, over ``(II) the amount of interest income of such corporation reported in such books and records. ``(C) Allocable share of reported net interest expense.--With respect to any domestic corporation which is a member of any international financial reporting group, such corporation's allocable share of such group's reported net interest expense for any reporting year is the portion of such expense which bears the same ratio to such expense as-- ``(i) the EBITDA of such corporation for such reporting year, bears to ``(ii) the EBITDA of such group for such reporting year. ``(D) EBITDA.-- ``(i) In general.--The term `EBITDA' means, with respect to any reporting year, earnings before interest, taxes, depreciation, and amortization-- ``(I) as determined in the international financial reporting group's consolidated financial statements for such year, or ``(II) for purposes of subparagraph (A)(i), as determined in the books and records of the international financial reporting group which are used in preparing such statements if not determined in such statements. ``(ii) Treatment of disregarded entities.-- The EBITDA of any domestic corporation shall not fail to include the EBITDA of any entity which is disregarded for purposes of this chapter. ``(iii) Treatment of intra-group distributions.--The EBITDA of any domestic corporation shall be determined without regard to any distribution received by such corporation from any other member of the international financial reporting group. ``(E) Special rules for non-positive ebitda.-- ``(i) Non-positive group ebitda.--In the case of any international financial reporting group the EBITDA of which is zero or less, paragraph (1) shall not apply to any member of such group the EBITDA of which is above zero. ``(ii) Non-positive entity ebitda.--In the case of any group member the EBITDA of which is zero or less, paragraph (1) shall be applied without regard to subparagraph (A) thereof. ``(4) Consolidated financial statement.--For purposes of this subsection, the term `consolidated financial statement' means any consolidated financial statement described in paragraph (2)(A)(ii) if such statement is-- ``(A) a financial statement which is certified as being prepared in accordance with generally accepted accounting principles, international financial reporting standards, or any other comparable method of accounting identified by the Secretary, and which is-- ``(i) a 10-K (or successor form), or annual statement to shareholders, required to be filed with the United States Securities and Exchange Commission, ``(ii) an audited financial statement which is used for-- ``(I) credit purposes, ``(II) reporting to shareholders, partners, or other proprietors, or to beneficiaries, or ``(III) any other substantial nontax purpose, but only if there is no statement described in clause (i), or ``(iii) filed with any other Federal or State agency for nontax purposes, but only if there is no statement described in clause (i) or (ii), or ``(B) a financial statement which-- ``(i) is used for a purpose described in subclause (I), (II), or (III) of subparagraph (A)(ii), or ``(ii) filed with any regulatory or governmental body (whether domestic or foreign) specified by the Secretary, but only if there is no statement described in subparagraph (A). ``(5) Reporting year.--For purposes of this subsection, the term `reporting year' means, with respect to any international financial reporting group, the year with respect to which the consolidated financial statements are prepared. ``(6) Application to certain entities.-- ``(A) Partnerships.--Except as otherwise provided by the Secretary in paragraph (7), this subsection and subsection (o) shall apply to any partnership which is a member of any international financial reporting group under rules similar to the rules of section 163(j)(4). ``(B) Foreign corporations engaged in trade or business within the united states.--Except as otherwise provided by the Secretary in paragraph (7), any deduction for interest paid or accrued by a foreign corporation engaged in a trade or business within the United States shall be limited in a manner consistent with the principles of this subsection. ``(C) Consolidated groups.--For purposes of this subsection, the members of any group that file (or are required to file) a consolidated return with respect to the tax imposed by chapter 1 for a taxable year shall be treated as a single corporation. ``(7) Regulations.--The Secretary may issue such regulations or other guidance as are necessary or appropriate to carry out the purposes of this subsection.''. (b) Carryforward of Disallowed Interest.-- (1) In general.--Section 163 is amended by inserting after subsection (n), as added by subsection (a), the following new subsection: ``(o) Carryforward of Certain Disallowed Interest.--The amount of any interest not allowed as a deduction for any taxable year by reason of subsection (j)(1) or (n)(1) (whichever imposes the lower limitation with respect to such taxable year) shall be treated as interest (and as business interest for purposes of subsection (j)(1)) paid or accrued (and as interest expense reported as described in clause (i)(I) or (ii)(I) of subsection (n)(3)(B), as the case may be) in the succeeding taxable year. Interest paid or accrued in any taxable year (determined without regard to the preceding sentence) shall not be carried past the fifth taxable year following such taxable year, determined by treating interest as allowed as a deduction on a first-in, first-out basis.''. (2) Conforming amendments.-- (A) Section 163(j)(2) is amended to read as follows: ``(2) Carryforward cross-reference.--For carryforward treatment, see subsection (o).''. (B) Section 163(j)(4)(B)(i)(I) is amended by striking ``paragraph (2)'' and inserting ``subsection (o)''. (C) Section 381(c)(20) is amended to read as follows: ``(20) Carryforward of disallowed interest.--The carryover of disallowed interest described in section 163(o) to taxable years ending after the date of distribution or transfer.''. (D) Section 382(d)(3) is amended to read as follows: ``(3) Application to carryforward of disallowed interest.-- The term `pre-change loss' shall include any carryover of disallowed interest described in section 163(o) under rules similar to the rules of paragraph (1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2022. SEC. 5. MODIFICATIONS TO RULES RELATING TO INVERTED CORPORATIONS. (a) In General.--Subsection (b) of section 7874 is amended to read as follows: ``(b) Inverted Corporations Treated as Domestic Corporations.-- ``(1) In general.--Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if-- ``(A) such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting `80 percent' for `60 percent', or ``(B) such corporation is an inverted domestic corporation. ``(2) Inverted domestic corporation.--For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)-- ``(A) the entity completes after December 22, 2017, the direct or indirect acquisition of-- ``(i) substantially all of the properties held directly or indirectly by a domestic corporation, or ``(ii) substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and ``(B) after the acquisition, either-- ``(i) more than 50 percent of the stock (by vote or value) of the entity is held-- ``(I) in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or ``(II) in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership, or ``(ii) the management and control of the expanded affiliated group which includes the entity occurs, directly or indirectly, primarily within the United States, and such expanded affiliated group has significant domestic business activities. ``(3) Exception for corporations with substantial business activities in foreign country of organization.--A foreign corporation described in paragraph (2) shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term `substantial business activities' shall have the meaning given such term under regulations in effect on December 22, 2017, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. ``(4) Management and control.--For purposes of paragraph (2)(B)(ii)-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of an expanded affiliated group is to be treated as occurring, directly or indirectly, primarily within the United States. The regulations prescribed under the preceding sentence shall apply to periods after December 22, 2017. ``(B) Executive officers and senior management.-- Such regulations shall provide that the management and control of an expanded affiliated group shall be treated as occurring, directly or indirectly, primarily within the United States if substantially all of the executive officers and senior management of the expanded affiliated group who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the expanded affiliated group are based or primarily located within the United States. Individuals who in fact exercise such day-to-day responsibilities shall be treated as executive officers and senior management regardless of their title. ``(5) Significant domestic business activities.--For purposes of paragraph (2)(B)(ii), an expanded affiliated group has significant domestic business activities if at least 25 percent of-- ``(A) the employees of the group are based in the United States, ``(B) the employee compensation incurred by the group is incurred with respect to employees based in the United States, ``(C) the assets of the group are located in the United States, or ``(D) the income of the group is derived in the United States, determined in the same manner as such determinations are made for purposes of determining substantial business activities under regulations referred to in paragraph (3) as in effect on December 22, 2017, but applied by treating all references in such regulations to `foreign country' and `relevant foreign country' as references to `the United States'. The Secretary may issue regulations decreasing the threshold percent in any of the tests under such regulations for determining if business activities constitute significant domestic business activities for purposes of this paragraph.''. (b) Conforming Amendments.-- (1) Clause (i) of section 7874(a)(2)(B) is amended by striking ``after March 4, 2003,'' and inserting ``after March 4, 2003, and before December 23, 2017,''. (2) Subsection (c) of section 7874 is amended-- (A) in paragraph (2)-- (i) by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)''; and (ii) by inserting ``or (b)(2)(A)'' after ``(a)(2)(B)(i)'' in subparagraph (B); (B) in paragraph (3), by inserting ``or (b)(2)(B)(i), as the case may be,'' after ``(a)(2)(B)(ii)''; (C) in paragraph (5), by striking ``subsection (a)(2)(B)(ii)'' and inserting ``subsections (a)(2)(B)(ii) and (b)(2)(B)(i)''; and (D) in paragraph (6), by inserting ``or inverted domestic corporation, as the case may be,'' after ``surrogate foreign corporation''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 22, 2017. (d) Extension of Limitation on Assessment.--If the period of limitation on assessment of tax resulting from the amendments made by subsection (a) expires before the end of the 3-year period beginning on the date of the enactment of this Act, such assessment (to the extent attributable to such amendments) may, nevertheless, be made before the close of such 3-year period. SEC. 6. TREATMENT OF FOREIGN CORPORATIONS MANAGED AND CONTROLLED IN THE UNITED STATES AS DOMESTIC CORPORATIONS. (a) In General.--Section 7701 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: ``(p) Certain Corporations Managed and Controlled in the United States Treated as Domestic for Income Tax.-- ``(1) In general.--Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if-- ``(A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but ``(B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. ``(2) Corporation described.-- ``(A) In general.--A corporation is described in this paragraph if-- ``(i) the stock of such corporation is regularly traded on an established securities market, or ``(ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. ``(B) General exception.--A corporation shall not be treated as described in this paragraph if-- ``(i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, ``(ii) such corporation-- ``(I) is not regularly traded on an established securities market, and ``(II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and ``(iii) the Secretary grants a waiver to such corporation under this subparagraph. ``(3) Management and control.-- ``(A) In general.--The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. ``(B) Executive officers and senior management.-- Such regulations shall provide that-- ``(i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and ``(ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). ``(C) Corporations primarily holding investment assets.--Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if-- ``(i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and ``(ii) decisions about how to invest the assets are made in the United States.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) of the Internal Revenue Code of 1986, as added by this section. &lt;all&gt; </pre></body></html>
[ "Taxation", "Accounting and auditing", "Corporate finance and management", "Foreign and international corporations", "Income tax credits", "Income tax deductions", "Interest, dividends, interest rates", "Oil and gas", "Tax administration and collection, taxpayers", "Taxation of foreign income", "U.S. and foreign investments" ]
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